Key Lease Work Letter Issues When the Tenant Is Doing the Work
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
When Can Oregon Landlords Terminate Residential Tenancy Without Cause?
Practicing on the Front Lines of Landlord-Tenant Regulations and Housing Law
How Commercial Property Owners Can Collect Unpaid Rent from Commercial Tenants
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Landlord and Tenant Lease Risk Reduction for the Cannabis Industry
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium
[Webinar] Cannabis Real Estate Considerations
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Commercial/Retail Therapy: Assessing the Pandemic’s Impact on Real Estate
Law Brief®: Debra Bodian Bernstein and Richard Schoenstein Discuss Commercial Lease Defaults During COVID-19
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
COVID-19 Commercial Leasing Trends (Part One)
Law School Toolbox Podcast Episode 265: Listen and Learn -- Constructive Eviction
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
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
In our ongoing series of blog posts, we have been examining several key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions that will protect tenants...more
In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more
In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating...more
Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically,...more
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
There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more
Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more
Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more
In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more
Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more
Why are HVAC provisions important in a commercial lease? The repair, maintenance and replacement of an HVAC system can be very costly. It is not uncommon for a dispute to arise regarding a problematic HVAC after a...more
Experienced landlords are familiar with the risks associated with a holdover tenant that does not leave the premises at the end of the lease. A holdover can prevent a new tenant from moving into the premises as scheduled and...more
Another new commercial lease case, another instance of drafting being the deciding factor. We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent. To be...more
Pennsylvania is one of the few states that permit a commercial landlord to obtain an almost immediate judgment against a defaulting tenant without requiring the landlord to go through the process of providing the tenant with...more
Real estate leasing to cannabis businesses requires more than a standard lease to ensure the relationship goes smoothly and that both parties get what they expect. There are a number of unique clauses to consider in drafting...more
While the primary focus in drafting real estate documents is to ensure that the substance of the document captures the intent of the parties, this should not be the drafter’s only focus. For example details often considered...more
Many of the topics we cover in this space ultimately come down to problems in drafting. Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more
A lease is a contract. It is a contract in which the lessor (think, landlord or tenant/sublandlord) grants to another person or entity, called the lessee (think, tenant/sublandlord or subtenant), the right to possess and use...more
Many leases contain a provision that the “prevailing party” in any litigation between the landlord and its tenant is entitled to recover all of its legal costs, including attorneys’ fees. However, that provision does not...more
Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law. The issue turned on...more
Most retailers and landlords will have seen the recent announcement by Loblaws wherein they stated that they were going to start selling fresh food in certain Shoppers Drug Mart locations, the perfect example of the evolution...more
Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more
Below are some general guidelines and checklists that Florida landlords may want to consider when dealing with tenants, including pre-litigation tips and recommended lease provisions. ...more
As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more