News & Analysis as of

Tenants Commercial Leases

BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

by King & Spalding on

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren...more

The hidden exposure of tenant estoppels and SNDAs

by Thompson Coburn LLP on

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are...more

Issues to Consider in Rights of First Refusal

by Ward and Smith, P.A. on

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale

by Jones Day on

The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of...more

Tenants Beware – The Ninth Circuit Has Ruled That The Bankruptcy Code Can Be Used By A Landlord To Strip A Tenant’s Right To...

by Ervin Cohen & Jessup LLP on

Just last month, the Ninth Circuit issued a ruling in the case of Matter of Spanish Peak Holding II, LLC, that is potentially devastating to a tenant that leases property from a landlord that files for bankruptcy relief....more

Termination provision amounts to an unenforceable penalty between lessor and tenant

by Allen & Overy LLP on

A termination provision in a side letter, which had the effect of entitling a lessor to increased rental payments in the event of any breach by the tenant, was held to be an unenforceable penalty. This is the first...more

Lease Assignment Provisions—Why They Matter

by Arnall Golden Gregory LLP on

When a tenant assigns its rights and interest under a lease to a successor tenant, the enforceability of the assignment and its legal consequences are usually addressed and governed by language in the assignor-tenant’s lease...more

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

by Cozen O'Connor on

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more

Oh the Sidewalks Outside Are Frightful, But Landlords Will Make Them Delightful… or Will They?

by Goulston & Storrs PC on

Although we haven’t seen much snow accumulation in the northeast to date, we know that this can (and likely will) change before the warmer weather returns. Before the snow really begins to fall, it would behoove both...more

The Implied Covenant of Good Faith and Fair Dealing

by Jaburg Wilk on

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between...more

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

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

Litigating a Lease Audit

by Arnall Golden Gregory LLP on

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful...more

Benefits and Challenges to Leasing to Luxury Tenants

by Arnall Golden Gregory LLP on

Rather than creating a traditional shopping experience, more and more developers today focus on creating dynamic, unique, and “out-of-the-box” destinations by leasing to “high-end” or “luxury” tenants. Landlords seek out...more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

by Snell & Wilmer on

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

Ground Leasing Commercial Property? Ask the Lender First

Financing ground leases has become an increasingly significant part of commercial real estate lending. However, ground tenants, as borrowers, and their attorneys often fail to include integral lender protections when...more

New California Lease Requirements for Disability Access

by Perkins Coie on

Perkins Coie published an alert on July 1, 2013 regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access...more

Five Holiday Season Tips for Retail Landlords - Updated

by Allen Matkins on

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

Under Construction - September 2016

by Snell & Wilmer on

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

How to Avoid Unexpected Maintenance Expenses When Structuring a Commercial Lease

by Faegre Baker Daniels on

About to enter into a long term commercial lease? You may be subject to additional expenses beyond rent. Landlords often require that tenants accept certain repair and maintenance obligations during the term of the lease (a...more

Serial Plaintiffs Are Filing Waves of Disability Cases

by Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Don't discount the discounters: Section 34 of the Landlord and Tenant Act 1954

by Dentons on

The recent unreported County Court judgment in Britel Fund Trustees Limited v. B&Q PLC is important for both landlords and tenants. The key issue concerned the application of section 34 of the Landlord and Tenant Act 1954...more

Landlords! Keep Your Contact Details Up To Date!

by Reed Smith on

We have blogged on a number of occasions about the pitfalls befalling tenants when it comes to the exercise of break options. The case of Levett-Dunn v NHS Property Services Ltd is an example of case that was decided in the...more

Lease Assignments to Guarantors No Longer Valid

by Reed Smith on

It is now clear that leases cannot be assigned to the tenant’s guarantor but serious issues arise out of the recent High Court case of EMI Group Limited v O&H Q1 Limited which specified that any lease assignment by a tenant...more

Landlords and Property Managers Beware: Co-Tenancy Provisions Are Not Just Window Dressing

by Arnall Golden Gregory LLP on

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more

The AGA GAGA SAGA or The Never-ending Story? - EMI Group Limited v. O&H Q1 Limited

by Dentons on

Like a Scandinavian drama, the AGA GAGA SAGA is compelling, dark, protracted and engaging. With each new episode there is an exciting twist as new characters contribute to the plot and the viewers try and work out what it all...more

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