Keywords

Newsletter

Topic

From

To

  • Commercial Leases and the Law of Electronic Transactions

    May 02, 2017 |

    Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state o

  • Expanding the Scope of Good Guy Guarantees in NY

    May 02, 2017 |

    Good Guy Guarantees are intended to protect landlords against defaulting and insolvent commercial tenants. However,iIn Bri Jen Realty Corp. v. Altman, New York's Second Appellate Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after the tenant surre

  • Case Notes

    May 02, 2017 |

    In-depth analysis of two cases of interest.

  • When Actions Speak Louder Than Words

    May 02, 2017 |

    Written Agreements Are Not the Final Word

    Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a

  • Challenges in Drafting a Restaurant Exclusive Use Clause

    April 02, 2017 |

    The reasonable and typical middle ground in the struggle between the parties regarding the scope of the "exclusive" is to protect only a tenant's "core" or "primary" business. Using such an approach, if properly drafted, will allow the tenant to avoid the two-coffee-shop situation, but will still pe

  • Landlord Harassment of Commercial Tenants

    April 02, 2017 |

    Part Two of a Two-Part Article

    As discussed last month, in Lansaw v. Zokaites, the tenants (and bankruptcy petitioners) complained of certain harassment that occurred prior to the filing of their bankruptcy petition. Let us turn now to the court's analysis of the landlord's p

  • Work Letter 'What Ifs'

    April 02, 2017 |

    Part Two of a Two-Part Article

    Landlords and tenants enter into agreements, known as "Work Letters," delineating their respective rights and obligations with regard to tenant and landlord improvements. As with any other portion of the lease, complications can develop, so addressing

  • Work Letter 'What Ifs': Practical Solutions to Possible Problems

    March 02, 2017 |

    Part One of a Two-Part Article
    The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part a

  • Long-Term Leases In PA

    March 02, 2017 |

    In a case decided on Oct. 17, 2016, the Commonwealth Court of Pennsylvania rejected a long-standing position taken by the Pennsylvania Department of Revenue dealing with when renewal periods must be added to the initial term of a lease for realty transfer tax purposes.

  • Landlord Harassment of Commercial TenantsWhat Can Be Done?

    March 02, 2017 |

    Part One of a Two-Part Article
    Landlord harassment of tenants is a common problem, not only in the housing arena, but also in the commercial leasing sector. Certainly, landlords often have good reasons to be angry with their tenants. However, a landlord that resorts to bullying tac