News & Analysis as of

Commercial Tenants

Commercial tenants in Scotland must submit three-yearly LBTT returns

by Dentons on

The three-yearly return requirement - Land and Buildings Transaction Tax (LBTT) came into force in Scotland on 1 April 2015, replacing the Stamp Duty Land Tax (SDLT) regime for land transactions in Scotland. A major...more

Commercial Evictions: Mitigation in Commercial Lease Defaults

by Pepper Hamilton LLP on

When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

High Court Faced with the Issue of Marijuana Legalization in Bankruptcy

It was only a matter of time before the budding state laws legalizing marijuana use ran up against the federal government’s treatment of the drug as a controlled substance – and what better place for the two sides to meet...more

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

Bringing Residential Uses to Existing Shopping Centers - A Win Win

by Goulston & Storrs PC on

Tenant curation, experiential retail, and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a...more

BHS Company Voluntary Arrangement – Landlords Win on Penalties

by Hogan Lovells on

The English High Court has decided that collapsed retailer British Home Stores cannot challenge its own company voluntary arrangement as an unenforceable contractual penalty and must repay rental discounts to its landlords...more

Should the Cannabis Industry Fear the Sixth Circuit and K.V.G.?

by Reed Smith on

Although any case has the potential to go sideways, the appeal in K.V.G. Properties, Inc. v. Westfield Insurance Company – which involves a policyholder’s right to insurance coverage for property damaged by a third party’s...more

Distraint – How a Georgia Landlord Can Obtain a Million Dollar Judgment and Perfect its Landlord’s Lien Against its Tenant’s...

by Arnall Golden Gregory LLP on

During 2017, there was only one statutory distraint (distress warrant) proceeding (O.C.G.A. §§ 44-7-70 et seq.) filed by any landlord in Georgia’s most populous county – Fulton. The dearth of cases in which Georgia landlords...more

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

by Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Appellate Ruling Impacts Availability Of Yellowstone Injunctions

by Cole Schotz on

The ability to obtain a “Yellowstone” injunction has long been a saving grace for commercial tenants faced with a disputed default under their lease. A recent decision of the New York State Appellate Division, however, could...more

Repurposing Retail Properties in the Age of E-commerce

by Foley & Lardner LLP on

The question of whether aging commercial properties can find new life and cash flow is one that has haunted the industry since the Great Recession began and continued through 2017 when the “wall of maturities” was expected to...more

Foreign Retailers Entering New Markets: Finding A Home Of One’s Own

by Goulston & Storrs PC on

The first task facing a retailer entering a new market? To find its customer. This chore takes on more significance for foreign retailers venturing into a complex, expansive and heterogeneous market such as the United States....more

Decaffeinated: Simon Property Group L.P. v. Starbucks Corporation Is Not a Fix for the Retail Apocalypse

by Polsinelli on

The shopping center world is abuzz with the recent decision in the Simon Property Group L.P. v. Starbucks Corporation decision, which prevented Starbucks from shuttering 77 of its Teavana stores in Simon-owned or managed...more

How Simon Finally Stopped Retail Stores from Closing

by Arnall Golden Gregory LLP on

A major retail landlord recently won a case that is reverberating throughout the retail industry. An Indiana Superior Court Judge has granted Simon Property Group’s (“Simon’s”) request to enjoin Starbucks from closing 77 of...more

Focus on Restructuring Processes: CVAs and Liquidation in the context of Carillion

by Dechert LLP on

In recent months certain restructuring processes have gained quite some notoriety in press headlines in connection with a number of UK businesses. This article provides secured lenders with a brief recap on the key points to...more

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Continuous Operations Clauses: Can Landlords Force Tenants to Remain in Business?

by Miles & Stockbridge P.C. on

Amid the uncertainty plaguing brick and mortar retail establishments, some commercial landlords may find themselves with an extra tool in their arsenals to temporarily stave off tenant vacancies: continuous operations...more

Vitamin D and Retail: But Not Without Due Diligence First

by Goulston & Storrs PC on

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over...more

Tips for Drafting and Negotiating Restaurant Leases

As restaurants gain popularity as the flashy new anchor tenants in real estate developments, a number of restaurant-specific lease concepts will arise in lease negotiations for a well-planned restaurant space. The importance...more

Hot Topics in Commercial Real Estate Winter 2018

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on December 5, 2017. We hope that you found the...more

Your Tenant Has Filed for Bankruptcy: What Should You Do?

Unfortunately, commercial tenant bankruptcies have become common and are likely to continue as a commercial landlord, what are your rights and what should you do when your tenant has just filed for bankruptcy protection? A...more

Resource for Doing Business in the United States – Installment #9 – Real Estate

by Garvey Schubert Barer on

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely...more

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

by Goulston & Storrs PC on

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group,...more

Don't Get Stitched

by K&L Gates LLP on

You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...more

ICSC New York Deal Making (2017)

by Goulston & Storrs PC on

On December 6-7, the Javits Center played host to this years’ ICSC NY Deal Making Conference. ICSC featured a new format at this years’ Conference. In addition to the deal making opportunities on Wednesday and Thursday, ICSC...more

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