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Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Paul Hastings LLP

Reform Attempt to Soften the Written Form Requirement for Commercial Lease Agreements

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Lease agreements with a term of more than one year are currently subject to a written form requirement under the German Civil Code. For years, there have been ongoing discussions about a potential abolition of the written...more

Epstein Becker & Green

Importance of Negotiating Surrender Provisions in Health Care Leases

In our ongoing series of blog posts, we examined key negotiating points for tenants in triple net health care leases....more

Kramer Levin Naftalis & Frankel LLP

Local Law 97 Building Compliance Brings a New Layer of Economic Implications to CRE Transactions and Lease Negotiations

While Local Law 97 passed nearly five years ago, it officially went into effect earlier this year. Part of the broader Climate Mobilization Act designed to significantly decrease New York City’s carbon emissions, Local Law 97...more

Bricker Graydon LLP

$100M Mission Point Project Will Create Hundreds of New Jobs Near Wright-Pat

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As Dayton’s defense industry continues to grow, a local developer plans to invest more than $100M in a mixed-use development aimed at attracting defense contractors....more

Katten Muchin Rosenman LLP

Navigating Break Clauses in Commercial Leases: How to Avoid Breaking Bad

Exercising break clauses in commercial leases can often prove to be a legal minefield for any tenant (and, in some cases, a landlord) seeking to do so. Strict adherence to any conditions and notice requirements for the...more

Pullman & Comley, LLC

Important Lease Concepts Restaurateurs Should Know

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As all restaurateurs know, a good location is an essential ingredient in any recipe for long-term success. But controlling costs is also a key factor. Renting your location—rather than actually purchasing real estate...more

McGlinchey Stafford

Podcast: Securing Retail Space for Your Cannabis Business [More with McGlinchey, Ep. 68]

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This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to...more

Womble Bond Dickinson

Rocky Times for Office Landlords Require Careful Due Diligence by Tenants

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These are rocky times for many office landlords. Office valuations continue to decline, interest rates remain high and office vacancy rates are nowhere near their pre-pandemic levels. ...more

Morrison & Foerster LLP

Co-op Ground Lease

Many commercial real estate land parcels in New York are held through a long-term ground lease structure. This includes approximately 100 co-op buildings in New York City that are located on property that is ground leased....more

Holland & Knight LLP

Washington State Eases Lease Execution Process

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Effective June 6, 2024, Washington state no longer requires that commercial leases with a term of more than one year be notarized to be effective. On March 13, 2024, Gov. Jay Inslee signed Substitute Senate Bill (SSB) 5840...more

Goulston & Storrs PC

Part II: Landlord Unable to Evict Despite Tenant Defaults

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Varano v. PDJM Land Tr., LLC, 103 Mass. App. Ct. 1127 (2024) - We last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial...more

Stoel Rives LLP

Notarization No Longer Required for Commercial Leases in Washington

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Effective June 6, 2024, commercial leases in Washington for a fixed term of more than one year no longer need to be notarized. Substitute Senate Bill 5840 states that “Leases do not require acknowledgment, witness, or...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel Development Pipelines, and Lab Space...

In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more!...more

Bennett Jones LLP

Don’t Walk Away! Landlord Remedies on Lease Repudiation

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Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with...more

Saul Ewing LLP

Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

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Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in...more

Stark & Stark

Express Fast Tracks Chapter 11 Bankruptcy Filing

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​​​​​​​Express, Inc., the fashion mall retailer, filed for Chapter 11 bankruptcy protection in the District of Delaware Bankruptcy Court, docket #24-10831 (KBO) on April 22, 2024. This is the second retailer bankruptcy...more

Lowenstein Sandler LLP

Navigating the New York City Retail Landscape: Trends, Tactics, and Tenacity

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In this episode of “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey C. Tyler and Stephen Tanico discuss the evolution of New York City retail leasing with their guest Julia E. Sanabria, partner in the...more

BCLP

The Right-sizing of Commercial Leases in Hong Kong SAR and Mainland China

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In Hong Kong SAR and in Mainland China, we have observed an increase in the relative bargaining power of office tenants to negotiate their leases. A variety of factors, including a stronger supply of new office buildings and...more

Otten Johnson Robinson Neff + Ragonetti PC

A Guide to Retrofitting Leases for Retrofitted Buildings

As discussed in a previous Otten Johnson Alert, many Denver and Colorado property owners are subject to a slate of new benchmarking and energy performance requirements. Property owners will be implementing energy reduction...more

Cranfill Sumner LLP

Three Key Tenant Risk Provisions in Commercial Lease Agreements

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Commercial Leases and Risk The lease agreement is one of the most commonly utilized contracts in commercial transactions. Even in today’s mobile and technology-driven commercial landscape, a huge number of businesses and...more

Lowenstein Sandler LLP

Estate Planning for Real Estate Portfolios: Protecting Your Assets

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Today on Terra Firma: Conversations on Commercial Real Estate, hosts Stacey Tyler and Stephen Tanico are joined by Lowenstein Trusts & Estates partner and fellow podcaster Warren Racusin to discuss real estate in the context...more

Bennett Jones LLP

Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

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Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found...more

Stoel Rives -  Ahead of Schedule

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,...more

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