News & Analysis as of

Leases Coronavirus/COVID-19

Buchalter

A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent?

Buchalter on

In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on...more

White & Case LLP

How aircraft lessors are weathering the storm

White & Case LLP on

Aircraft leasing companies are the backbone of modern commercial aviation. Lessors now account for an estimated 60 percent of new passenger jet deliveries, up from approximately 45 percent on the eve of the pandemic and just...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Holds Debtor-Assignor Is Not Off the Hook for Pre- and Post-Assignment Damages Under Lease Assigned...

If you really want to be released from your lease obligations and those of your assignee, you need to get a landlord release at the time of assignment. An assignor tenant’s lease obligations survive an otherwise permitted...more

Holland & Knight LLP

GSA and the VA Update COVID-19 Vaccination Requirements, Timelines and Testing Rules (Update)

Holland & Knight LLP on

Update: As noted below, government requirements for vaccination, masking and testing are in constant flux. On Sept. 9, 2021, President Joe Biden released a number of new vaccine mandates, one of which targets federal...more

Hogan Lovells

Corona: In the North nothing new – Higher Regional Court of Schleswig to rent default of hotel operator

Hogan Lovells on

Consequences for the hotel industry Article 240 Section 2 of the Introductory Act to the German Civil Code (EGBGB), which was introduced due to the COVID-19 pandemic in April 2020, neither establishes a statutory deferral of...more

Weintraub Tobin

Finding For Landlord, New York Appellate Court Continues COVID Dispute Trend

Weintraub Tobin on

Since the start of the COVID-19 health crisis, we have been approached by both landlord and tenant clients asking how COVID affects their leasehold obligations. While we have generally encouraged our clients to approach these...more

Perkins Coie

Potential Rent Relief for San Francisco Small Businesses Forced to Shut Down

Perkins Coie on

On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance (Moratorium Amendment) codifying a legal presumption to potentially...more

K&L Gates LLP

2021 COVID-19 Support Package (NSW)

K&L Gates LLP on

The Commonwealth Government and NSW Government will both be offering financial support to NSW businesses impacted by the recent COVID-19 restrictions and stay-at-home orders. We have tabled the key components of the 2021...more

Miller Canfield

Poland: Private Rented Sector - Mobility and Flexibility

Miller Canfield on

A new, interesting trend of institutional rental (PRS) has appeared on the Polish real estate market, taken from the most developed markets in Europe, such as Germany, Switzerland and the Netherlands. In Poland, we are...more

BCLP

Absolute Payment Obligations, Frustration & Stay of Execution - Latest Developments

BCLP on

In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and...more

Weintraub Tobin

The Importance Of Lease Drafting: Lease Language Takes Center Stage In “Cinemex”

Weintraub Tobin on

When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving...more

Hogan Lovells

COVID-19 – New Higher Regional Court rulings on the obligation to pay rent during the first lockdown

Hogan Lovells on

In February 2021, three Higher Regional Courts had to deal with the question of whether and on what legal basis the rents agreed in individual cases are to be temporarily reduced due to the official closure orders during the...more

A&O Shearman

Higher Regional Court judgement: risk-sharing between landlord and tenant as a result of the pandemic-related closures

A&O Shearman on

On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Dresden (judgment of 24 February 2021, case no. 5 U 1782/20) took a stand on risk-sharing between landlord and tenant as a result of the pandemic-related...more

Allen Matkins

Consolidated Appropriations Act Provides Bankruptcy Preference Liability Protections for Landlords

Allen Matkins on

The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more

McDermott Will & Emery

Update Miet- und Pachtrecht: Gesetzesbeschluss Vom 17. Dexember 2020 zur Anpassung Pandemiebedingter Vorschriften

McDermott Will & Emery on

Der Deutsche Bundestag hat im Anschluss an den Beschluss der Bundeskanzlerin mit den Regierungschefinnen und Regierungschefs der Länder am 17. Dezember 2020 ein Gesetz zur Anpassung pandemiebedingter Vorschriften u. a. im...more

Lowndes

Lease Provisions that Should be Re-Evaluated in a Post-COVID World – Part II: Maintenance Obligations, Assignment/Subletting,...

Lowndes on

In Part I of this series, we discussed how COVID-19 had impacted almost every provision of a commercial lease, including the covenant of quiet enjoyment, continuous use provisions and force majeure clauses, among others....more

Blank Rome LLP

COVID-19 Litigation Report – August 2020 #1

Blank Rome LLP on

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and...more

A&O Shearman

EU Forbearance for Issuer’s Account for COVID-19-Related Lease Modifications

A&O Shearman on

The European Securities and Markets Authority has published a statement on coordination of supervisory action on issuers’ accounting for lease modifications in light of the coronavirus pandemic. Issuers have encountered...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - July 2020 Issue #3

NYC Mayor Signs Two Measures Aimed at Providing Relief to Certain Commercial and Residential Property Taxpayers - On July 7, 2020, New York City’s Mayor Bill de Blasio signed into law two bills that were passed by the New...more

Shutts & Bowen LLP

8 Steps to Prepare a Commercial Property for Sale Amid COVID-19

Shutts & Bowen LLP on

As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale...more

Kelley Drye & Warren LLP

COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. ...more

Saul Ewing LLP

Eight Considerations for Colleges and Universities When Negotiating Master Leases With Apartment and Hotel Owners for Spaces for...

Saul Ewing LLP on

As colleges and universities grapple with the prospect of how to provide housing and adequate distancing opportunities for their students for the Fall 2020 term, numerous institutions have negotiated (or may be considering...more

Fox Rothschild LLP

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

Fox Rothschild LLP on

On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Ward and Smith, P.A.

Leases, Bankruptcy, and Coronavirus: Force Majeure Edition

Ward and Smith, P.A. on

Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities impose closures and phased re-openings. If you lease your office, storefront, or...more

Weintraub Tobin

Frustration Of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis

Weintraub Tobin on

Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more

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