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Commercial Leases Leases

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

BCLP

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

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In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more

Dickinson Wright

Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals

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In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the...more

Holland & Knight LLP

Small Business Subcontracting Plans: Do Lessors Need Them, and What Do They Do?

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First-time landlords to the government are often overwhelmed by the number of Federal Acquisition Regulation (FAR) and General Services Acquisition Regulation (GSAR) clauses included in government leases. The compliance...more

Epstein Becker & Green

Importance of Negotiating Initial Term and Renewal Terms in Health Care Leases

In our upcoming series of blog posts, we will look at several key negotiating points for tenants in triple net healthcare leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more

Blank Rome LLP

New York Court Decision Disrupts “Good Guy Guaranty” Liability Limitations

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In the New York commercial leasing world, and in almost every privately-owned restaurant lease, the well-known “Good Guy Guaranty” is abundantly common. However, a decision by a judge in the Supreme Court for New York County,...more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Landlord Is Doing the Work

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In her new Ear to the Ground video, the first of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

Steptoe & Johnson PLLC

Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

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The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado...more

Venable LLP

New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

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There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home...more

Williams Mullen

Industrial Owners Seeking Fair Tax Treatment Should Differentiate Personal Property From Real Estate Values

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North Carolina taxes both real estate and personal property, but differing valuation schedules and processes for the two types can lead to confusion and inflated tax bills for industrial property owners. Understanding how...more

White and Williams LLP

The Sounds of Silence: Pennsylvania’s Sutton Rule

In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on...more

Womble Bond Dickinson

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

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A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North...more

Farella Braun + Martel LLP

Real Estate Leasing Tips for Nonprofits

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. Leasing real...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

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If you’re venturing into the world of commercial real estate, whether as a tenant or a landlord, there’s a plethora of terms you’ll come across. Among these is the seemingly simple idea of the “Lease Commencement Date.” While...more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

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The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Weintraub Tobin

Feast or Famine: The Importance of Contemplating Failure in Commercial Real Estate Transactions

Weintraub Tobin on

Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the...more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

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In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

BCLP

MEES, The Next Chapter: Plotting Residential Real Estate’s Route to Net Zero

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MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more

BCLP

Improving liquidity for Asian real estate investors - Part 3: Sale and Leaseback Agreements

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A common route for property owners to effect divestiture of their real estate assets to de-risk their investments and to improve liquidity is to sell down part of the asset and form a joint venture with the buyer....more

Ervin Cohen & Jessup LLP

Nine Ideas to Avoid the Effect of Measure ULA - The New Mansion Tax

The so-called “mansion tax” approved by Los Angeles voters in 2022 and effective April 1, 2023 (Measure ULA) is a misnomer. It establishes a new 4% documentary transfer tax on the sale of any real property priced or valued...more

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

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What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

Lippes Mathias LLP

Your Lease Can Help Save Our Planet

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With increased importance placed on environmental, social and governance (ESG) principles, and with numerous companies prioritizing socially conscious goals, many landlords and tenants have implemented “Green Leases” as part...more

A&O Shearman

Interpretation: if you ask 100 lawyers...

A&O Shearman on

English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

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The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...more

Allen Matkins

If A Lease Is Not "Valid", Is It Void or Voidable?

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Justice Ignazio ("Nace") John Ruvolo once observed that the "Illegality of contracts constitutes a vast, confusing and rather mysterious area of the law."  McIntosh v. Mills, 121 Cal. App. 4th 333, 344 (2004).  One confusing...more

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