News & Analysis as of

Contract Terms Lease Termination

McGinnis Lochridge

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

McGinnis Lochridge on

In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

Holland & Knight LLP on

If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: Hybrid Work Models and Lease Restructuring

Clark Hill PLC on

Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into...more

Pillsbury Winthrop Shaw Pittman LLP

DOGE Puts GSA Leases in the Doghouse

The Trump administration may be utilizing early exit provisions in the GSA lease cancellations and terminations reported to date, but prudent contractors should prepare for other potential tactics to end other leases the...more

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

Holland & Knight LLP on

Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part I: When the Government Leaves Early

Holland & Knight LLP on

The commercial real estate market in the United States is undergoing a profound shift as building vacancy increases in most major markets and as trillions of dollars of financing are coming due in 2024....more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

Smith Anderson on

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

Foley & Lardner LLP

Salt Water Disposal Well Leases Can Pose a Trap for the Unwary

Foley & Lardner LLP on

The victor in a lawsuit involving a salt water disposal well lease may depend on whether a Texas court treats the lease as being a mineral lease or simply a lease of real estate. That is because Texas law applies different...more

Amundsen Davis LLC

Is a Solar Panel Lease Agreement Right for You?

Amundsen Davis LLC on

It is increasingly common for landowners and building owners (“Owners”) to be approached by a developer (“Developer”) interested in executing a “solar land lease” (“Solar Lease”) or a “solar power purchase agreement” (“Solar...more

Lasher Holzapfel Sperry & Ebberson PLLC

Breaking a Commercial Lease: Things to Consider Before Termination

The world is transforming in the post-covid era and business needs are evolving as consumer habits change. These changes can directly impact the space where you conduct business and have you contemplating what to do about...more

BCLP

How can a landlord recover possession of business premises so that it can occupy for its own business?

BCLP on

You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more

Gray Reed

Addendum Prevails over Form … Again

Gray Reed on

When the form contract says one thing and the addendum says another, which one would you expect to prevail?...more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

BCLP on

Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

Nossaman LLP

Court Determines a Lease Terminated by the Terms of the Contract, not by a Taking

Nossaman LLP on

When is a lease termination triggered by eminent domain versus by contract? The case of Media v. City of San Diego, 2021 U.S. Dist. LEXIS 103728 addressed this question and concluded that the lease termination was only a...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

BCLP

Construction of lease in relation to tenant's obligation to reinstate

BCLP on

Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved....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

Goulston & Storrs PC

Legal Corner

Goulston & Storrs PC on

Is a Liquidated Damages Clause Enforceable? Rue21, Inc. v Los Lunas Inv’rs, LLC, no. 18-CV-715, 2019 WL 1375405(W.D.Pa. Mar. 27, 2019). Landlord executed a letter of intent with a fashion retailer tenant in 2015 for a...more

McManis Faulkner

6 Key Things to Consider When Leasing Commercial Property

McManis Faulkner on

Leasing commercial space differs from renting a home. Whether you need office, retail, or industrial buildings for your business, commercial properties have their own unique issues, which must be addressed early on. A proper...more

Patton Sullivan Brodehl LLP

Eminent Domain: “Goodwill” Usually Belongs to the Tenant

In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue.  New opinions from the Court of Appeal addressing goodwill tend to get a lot of attention....more

Gray Reed

Spudding? Reworking? What are “Operations” Under an Oil and Gas Lease?

Gray Reed on

Quick answer: It depends on what the lease says.  Last week featured a tug-of-war between a producer and the community in which it operates; this week in HJSA No. 3 LP v. Sundown Energy LP  it’s the producer and the lessor....more

Hogan Lovells

What happens when a building is built to the wrong size? Confirmation from the Court of Appeal

Hogan Lovells on

Earlier this year, we blogged on the High Court decision of Mears Limited v Costplan Services. This case concerned whether an agreement for lease for the development of two blocks of student accommodation could be terminated...more

Latham & Watkins LLP

Spanish Lease Act Amendments: What Landlords Need to Know

Latham & Watkins LLP on

The government’s Royal Decree of 6 March 2019 makes significant changes to the rules governing landlord-tenant relations under the Spanish Lease Act. Background - Lease agreements in Spain are subject to the Ley...more

Ward and Smith, P.A.

Who Gets What When a Real Property Lease Terminates?

Ward and Smith, P.A. on

Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. If the tenant installed additional improvements or made alterations to the premises, will...more

Stoel Rives -  Ahead of Schedule

Condemnation Awards on Leasehold Interests

A recent Utah case, adopting a “termination clause rule,” may have tenants in Utah reconsidering condemnation provisions in leases. In UDOT v. Kmart, 2018 UT 54, the Utah Supreme Court denied a condemnation award to a tenant...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide