News & Analysis as of

Landlords Guarantors

Nutter McClennen & Fish LLP

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease...more

Rivkin Radler LLP

Courts Leave Landlords in the Lurch on Guaranty Law

Rivkin Radler LLP on

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more

Holland & Knight LLP

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Holland & Knight LLP on

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more

Shutts & Bowen LLP

Pre-Bankruptcy Considerations for Commercial Landlords

Shutts & Bowen LLP on

The following is the first in what will be a series of posts addressed to commercial landlords regarding bankruptcy. As many landlords are learning, unexpected circumstances can cause a good tenant to become a...more

McGuireWoods LLP

NYC Lease Guarantors Gain Temporary Personal Liability Protections During COVID-19

McGuireWoods LLP on

On May 26, 2020, New York City Mayor Bill de Blasio signed into law Int. No. 1932-A, amending the New York City Administrative Code to prohibit enforcement of personal liability against natural persons for certain commercial...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: G is for Guaranty

In my last post, “Real Estate Alphabet Soup: F is for Foreclosure” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “G.”...more

Patton Sullivan Brodehl LLP

A Lease and a Lease Guaranty Involve Different Rights and Remedies

Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing the legal difference between an LLC tenant, and the LLC’s owner who...more

Obermayer Rebmann Maxwell & Hippel LLP

Is a Lease Guaranty Necessary for your Commercial Lease?

A lease guaranty is a valuable tool that provides commercial landlords with additional security. This is especially true in the case of leasing to a corporate tenant without sizable assets or an established operating history....more

Patton Sullivan Brodehl LLP

Contribution Rights Among Co-Guarantors: Liability Must Be Proportional

In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation, we came across an opinion that...more

Nutter McClennen & Fish LLP

A Guaranty May Be Enforceable Even If Collection Of The Underlying Debt Is Barred

In Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., the Massachusetts Appeals Court considered whether a release of a landlord’s claims against a tenant for unpaid rent precluded the landlord from bringing a collection...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Fall 2016

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

K&L Gates LLP

Overriding Interest

K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - Brexit and the Real Estate Sector—Impacts - Forfeiture: The Right of Re-Entry - New Joiners, Events & Announcements - Cases ...more

Blank Rome LLP

Foundation: December 2015 • Vol. II, Issue 3

Blank Rome LLP on

As we now find ourselves in the midst of Q4 with the holiday season rapidly approaching, it is safe to say that 2015 was a rather dynamic year across the board. The real estate market being no exception, we expect great...more

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