News & Analysis as of

Commercial Tenants

Herbert Smith Freehills Kramer

UK Real Estate Client Guide A Quick Guide To A Landlord's Remedies For Commercial Rent Arrears

Landlords of commercial premises generally have one key overriding concern: to maintain their income stream by ensuring that their tenants pay and continue to pay all rents due under their leases. Landlords should act quickly...more

Allen Matkins

Across California, Retail Looks Strong

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According to the Winter 2026 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey, retail sector sentiment has strengthened and is now optimistic across all California markets, with the largest...more

Buchalter

Rescission: An Equitable Remedy Not to be Overlooked by Tenants

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Rescission is an equitable remedy that restores parties to a contract to their former status by undoing the original transaction. Until recently, proving the landlord’s material breach to rescind a commercial lease was...more

Goodwin

Walls Have Ears: Data, Privacy, and Real Estate

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Buildings collect data about the experiences of occupants creating compliance questions that affect transaction values....more

Stikeman Elliott LLP

Ontario’s Superior Court Grants Relief from Forfeiture After Commercial Tenant Misses Lease Renewal Deadline

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In 8750297 Canada Inc. v. Ambassador Realty Inc. (2025 ONSC 5479) (“Ambassador Realty”), the Ontario Superior Court of Justice considered whether a long-standing commercial tenant that missed a renewal deadline could...more

Davidoff Hutcher & Citron LLP

The Restaurant Letter of Intent: Locking in Your Deal Terms Before the Lawyers Fight Over the Lease

The Letter of Intent (LOI) is where you set the business deal. The lease is where the lawyers argue over the details. If the LOI is vague or one-sided, you’ll either overpay in the lease or burn a ton of time and fees trying...more

Ballard Spahr LLP

New California Law Eliminates Pre-Trial Delays in Commercial Eviction Cases

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A new law that takes effect January 1, 2026, closes a procedural loophole long exploited by commercial tenants to delay trial dates in California unlawful detainer cases seeking eviction. The new law ensures that...more

Arnall Golden Gregory LLP

This Math Isn’t Math-ing: Whose Calculation Is Correct? Resolving a Lease Termination Payment Dispute

Key Takeaways - Termination fee calculations must reflect the full lease context, not isolated clauses. Courts will look at all lease language and subsequent amendments to interpret termination payment formulas, including...more

Arnall Golden Gregory LLP

Critical Conversations: NRTA 2025 Addresses Responsible Approaches to Homelessness and Property Safety in Commercial Real Estate

Key Takeaways - Homelessness and vandalism are distinct issues. Retailers should differentiate between lawful, non-threatening presence and conduct that warrants security or law enforcement involvement, such as vandalism,...more

Allen Matkins

The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

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Most leases require a tenant to provide some form of security. In a residential context, this could be a cosigner or a cash security deposit. In commercial leasing, the lease security is usually in the form of either a cash...more

Weintraub Tobin

Estopped in Your Tracks: How a Simple Form Can Trap Tenants

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Most lawyers think very highly of themselves. Nothing delights a lawyer more than citing an obscure, usually non-English phrase and mansplaining in a patronizing fashion to anyone who isn’t familiar with the term. Using these...more

Goulston & Storrs PC

Redefining Anchors and Reimagining Community: Takeaways from the ICSC+ U.S. Law Conference

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As a first-time attendee of the ICSC+ U.S. Law Conference, I wasn’t sure what to expect when I arrived in San Diego. Some things were immediately apparent — many of my G&S colleagues were seasoned ICSC participants —...more

Allen Matkins

What are your predictions for the office sector in 2026?

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“I predict increasing demand for recently renovated office space located within close proximity to desirable retail areas, which will serve as an off-site amenity, drawing more workers back to the office....more

Jones Day

Navigating Rent Hikes and Legal Battles in Tokyo's Office Market

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Post-pandemic, companies are returning to central Tokyo offices, driving up demand and reducing vacancy rates in major office buildings. Rising construction costs and increased demand have led to higher rents for new office...more

Stark & Stark

New York Court of Appeals Narrows Landlord Protections Under “Good Guy” Guaranties

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The New York Court of Appeals issued a major decision reshaping how commercial “good guy” guaranties are interpreted. In 1995 CAM LLC v. West Side Advisors, LLC, the Court held that a personal guarantor’s liability ends when...more

Cole Schotz

Welcomed Clarity for New York Commercial Landlords and Tenants: Court of Appeals Rules on “Good-Guy” Guaranties

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The New York Court of Appeals’ recent decision in 1995 CAM LLC v. West Side Advisors LLC provides long-awaited guidance on how so-called “good-guy” guaranties operate in commercial leasing. The question in this case was...more

Kerr Russell

Commercial Real Estate: What To Do If Your Landlord Goes on a Spending Spree?

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Many typical commercial real estate leases contain clauses which allow the landlord to pass-through to the tenant all or a portion of the expenses associated with owning, operating, and maintaining the property, such as...more

Vorys, Sater, Seymour and Pease LLP

The Evaluator Industry Spotlight: The Office Market

From the shock of the 2020 global pandemic to mid-2025’s fragile stabilization, the evolution of the U.S. office market has been a multi-year saga. Vacancy climbed to record highs as hybrid work models gained traction and...more

Troutman Pepper Locke

What Issues Exist for a Landlord When a Commercial Tenant Files for Bankruptcy? - Creditor’s Rights Toolkit

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When a commercial tenant files for bankruptcy, it can present a complex array of challenges for a landlord. This article will provide insight into the implications of a tenant’s bankruptcy for a landlord, and how the landlord...more

McGuireWoods LLP

Call for Action No. 5: Build Better Metrics

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Subprime office stock faces the risk of becoming stranded not just because of poor energy performance, but because of poor measurement....more

Troutman Pepper Locke

What Rights Does a Tenant Have When the Landlord Files for Bankruptcy? - Creditor’s Rights Toolkit

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For a lessee of commercial real property, a landlord’s Chapter 11 filing may raise questions about the status of the lease and the tenant’s rights in the bankruptcy. While the Bankruptcy Code provides the debtor landlord with...more

Hogan Lovells

The key characteristics of data centres in the US and Europe – an overview for those involved in financings

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In this first article in our two part series, we look at the main characteristics of data centres in the US and Europe, and the key factors to consider when dealing with this asset class. Data centres are relatively new as...more

Mayer Brown

Early Lease Terminations: Understanding and Managing Avoidance Risks

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When faced with a financially distressed tenant, an early lease termination agreement can be an effective means for a landlord to resolve the uncertainty created by its tenant’s financial distress and to mitigate potential...more

Lathrop GPM

Florida Repeals Sales Tax on Commercial Leases

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Florida has historically been the only state that charged sales tax on commercial leases. That changed on June 30, when Florida Gov. Ron DeSantis signed House Bill 7031 into law. ...more

Allen Matkins

Retail’s Flight to Quality

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With investors expressing optimism, the retail sector is steady or improving across California. Residential-serving retail is a key bright spot, with specialty stores and restaurants potentially entering a new growth cycle,...more

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