News & Analysis as of

Commercial Leases Tenants Contract Terms

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

Farrell Fritz, P.C. on

Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more

Sands Anderson PC

Navigating the Labyrinth: Unraveling the Differences Between Commercial and Residential Leases in Virginia

Sands Anderson PC on

As the new year approaches, entrepreneurs across Virginia are gearing up to take their ventures to the next level and turn plans into reality. For many, the first crucial step in this journey involves securing a commercial...more

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

Woods Rogers Vandeventer Black

Self-Help Remedies in Leases: Efficient Alternatives to Litigation

Self-help remedies in commercial leases are important because they provide parties with legal alternatives to address breaches of lease agreements by the non-performing party without resorting to lengthy and costly court...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

Tonkon Torp LLP on

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

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

Bennett Jones LLP on

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

Stoel Rives LLP

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Stoel Rives LLP on

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more

Allen Matkins

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

Allen Matkins on

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

Adams and Reese LLP

Ten Issues to Consider When You Are Planning to Lease Commercial Property

Adams and Reese LLP on

There are many important issues for a business to consider when its leaders plan to lease commercial property as a tenant. Whether the planned new location will be the only location for the business or a new location to be...more

Obermayer Rebmann Maxwell & Hippel LLP

Take Me Out To...Baseball Arbitration

​​​​​​​Since 1974, “baseball arbitration” has been used to resolve salary disputes between ballplayers and team owners. Its primary purpose is to determine the arbitrating player’s salary based upon specific criteria to...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

Hogan Lovells

Statutory bodies – forced to enforce?

Hogan Lovells on

The Hong Kong Court of Appeal (Poon CHJC, Barma, and Au JJA) has imposed upon a statutory corporation an obligation to consider whether it should take measures to enforce a lease against a tenant, following an application by...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

BCLP on

Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Womble Bond Dickinson

Using a Prenegotiation Agreement as Part of Lease Restructuring

Womble Bond Dickinson on

In our new COVID world, many leases are being restructured. Some are in response to tenant defaults and are appropriately considered lease “work-outs”. Many others will likely need to be amended to adjust to a post-COVID...more

Hogan Lovells

The UK High Court considers the impact of COVID-19 on rent assessment in lease renewal proceedings

Hogan Lovells on

In S. Franses Limited v The Cavendish Hotel (London) Limited [2021] the High Court had to determine a number of issues including, importantly, what rent would be payable by the tenant under the terms of its renewal leases of...more

Tonkon Torp LLP

How The COVID-19 Pandemic Has Altered Commercial Leasing Forever

Tonkon Torp LLP on

Lately, each day has brought more signs that pandemic restrictions are being loosened and the opportunity for a “return to normal” is growing. But for commercial real estate landlords and tenants, will there be a new normal?...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Hogan Lovells

COVID-19: Crisis-related exclusion of termination right on landlords takes effect

Hogan Lovells on

On April 1, 2020, an exemption from the landlord's termination right comes into force, which protects tenants against the loss of their apartment or commercial space in the event of late payment of the rent. However, this...more

Shutts & Bowen LLP

What to Expect Next in the Post COVID-19 Real Estate Market

Shutts & Bowen LLP on

The pandemic has significantly impacted the real estate sector. With a surge in the number of employees who work from home, the demand for office space has softened. At the same time, growth in e-commerce has exploded,...more

Hogan Lovells

Tenant fails to satisfy break clause in latest VP ruling

Hogan Lovells on

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant...more

Shutts & Bowen LLP

10 Questions Your Litigator May Ask about Your Post-Covid Commercial Lease

Shutts & Bowen LLP on

Much has been written about commercial real estate in a post-Covid world. As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - July 2020, Volume I, Issue I

Goulston & Storrs PC on

Trends in Real Estate Litigation - Commercial Landlords and Tenants Take Their COVID-Related Lease Disputes to Court - The slow-burning standoffs between commercial landlords and tenants in the COVID-19 pandemic are...more

Hogan Lovells

COVID-19 UK – Additional breathing space…but tenants who can pay should

Hogan Lovells on

Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days.  Outside of...more

Kramer Levin Naftalis & Frankel LLP

Commercial Leases in New York: Enforcement Is on Pause, but Negotiations Should Be Ongoing

New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more

Seyfarth Shaw LLP

What to Know About Recourse Carve-Outs in the Age of COVID-19

Seyfarth Shaw LLP on

In this challenging and rapidly changing environment, real estate players are dealing with the effects of COVID-19 on real property operations in real time. As they make decisions at an accelerated pace, they should bear in...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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