News & Analysis as of

Security Deposits Commercial Leases

Lasher Holzapfel Sperry & Ebberson PLLC

Changes to Commercial Guarantees in Seattle

Landlords that lease commercial property in Seattle need to be aware of major changes to the Municipal Code. Seattle recently enacted Ordinance 126982, which introduces significant regulations for commercial property lessors...more

Davis Wright Tremaine LLP

Seattle Commercial Landlords Must Take Action To Comply With Commercial Guaranty Ordinance

Following years of bolstering residential tenant protections, Ordinance 126982 marks one of the City of Seattle's first major forays into policing the commercial landlord-tenant relationship. The ordinance, which went into...more

Foster Garvey PC

New Commercial Lease Restrictions in the City of Seattle

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In the last month of the most progressive Seattle City Council term in recent history, the Council passed an ordinance restricting a landlord’s right to use certain security measures for commercial leases in the City....more

Proskauer Rose LLP

Key Issues When Navigating A Tenant's Bankruptcy

Proskauer Rose LLP on

Recently, two significant distressed companies with thousands of commercial leases, Rite Aid Corp. and WeWork Inc., each filed Chapter 11 bankruptcy cases, seeking in part to rationalize their geographic footprints through...more

Holland & Knight LLP

Spring Cleaning of Letters of Credit as Lease Security Deposits: Time to Reconsider?

Holland & Knight LLP on

In light of the recent turmoil in the banking market, it is a good time for landlords to do some spring cleaning and review any letters of credit being held as lease security. As a general rule, letters of credit have been...more

Winstead PC

The Silicon Valley Bank Failure: Implications on Commercial Leasing

Winstead PC on

This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure...more

Bowditch & Dewey

Silicon Valley Bank Closure Impact on Lease Security

Bowditch & Dewey on

The impact of the California Department of Financial Protection and Innovation taking possession of Silicon Valley Bank (SVB) and appointing the Federal Deposit Insurance Corporation as receiver for SVB is receiving thorough...more

A&O Shearman

Tenant Security Deposit or Unsecured Loan? State Law Disparity Leads to Forfeiture

A&O Shearman on

Last month, Judge Caproni of the Southern District of New York issued a ruling stating that if a commercial lease does not require a landlord to hold a security deposit in trust and if there is no state statute generally...more

Chambliss, Bahner & Stophel, P.C.

Insights for New and Emerging Businesses Leasing in the Pandemic

If you are a new or emerging business owner beginning the process of finding a suitable property to lease, it is important to be critical of the lease provided by the landlord. You should also attempt to negotiate each...more

Rosenberg Martin Greenberg LLP

Retail Leasing in a COVID-19/Post-COVID-19 World: Preparing for the “New Normal”

The retail industry has experienced an unprecedented and immediate shift as a result of the economic fallout from COVID-19. One of the most apparent changes is evident when handling commercial retail leasing; read on to...more

Farella Braun + Martel LLP

Non-Residential Lease Default Workouts, Security Deposits and Bankruptcy

What are the bankruptcy implications of the treatment of a tenant’s security deposit following a payment default?  Many non-residential tenants are now or are likely in the future to be unable to pay rent and landlords will...more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

BCLP

U.S. COVID-19: Applying Security Deposits under Leases as Tenant Defaults Mount

BCLP on

Many commercial tenants failed to pay April rent. Landlords may be thinking about applying security deposits or drawing down on letters of credit to cover tenants’ defaults....more

Lowenstein Sandler LLP

Tips For Negotiating With Landlords Amid COVID-19

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The Covid-19 pandemic has shut down most of the economy and retailers are among the businesses that could be closed for months. Even when they reopen, they will have suffered devastating losses of revenue. For most of...more

BCLP

“Right-Sizing” Hong Kong Commercial Leases: Key Issues to Consider in the Context of Business Disruption & COVID-19

BCLP on

Business disruption seems to have become the new norm in Hong Kong in the last 12 months or so. The first quarter of 2019 was dominated by news of a regional slowdown caused by the US/China Trade War. The second half of the...more

Bennett Jones LLP

Landlords, Leases and Financial Distress

Bennett Jones LLP on

Prepaid rent or a security deposit? The distinction is an important and potentially costly one for landlords in the current economic climate. In 2015, the Alberta Court of Appeal in York Realty Inc. v Alignvest Private Debt...more

PilieroMazza PLLC

Negotiating the Security Deposit Provision of Your Office Lease

PilieroMazza PLLC on

An important provision of an office lease is the security deposit provision. While it is beneficial to a landlord to maximize the size of the security deposit it receives from a tenant in order to ensure the tenant’s faithful...more

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