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  • Reconciling Additional Rent Payments

    December 01, 2016 |

    Last month, the authors began a discussion of additional rent — amounts above the fixed rent charged to a commercial tenant, representing operating costs and taxes. Here, the authors conclude their discussion of the ins and outs of the process of collecting additional rents.

    Part Two of a T

  • Case Notes

    December 01, 2016 |

    In People ex rel. Department of Transportation v. Presidio Performing Arts Foundation, California's Court of Appeal, First Appellate District, in November determined that a business could recover for lost goodwill incident to being deprived of its leased premises through eminent domain even if its m

  • Challenges in Solar Equipment Finance

    December 01, 2016 |

    This article is the second in a two-part series exploring state-law limitations on various methods of financing solar equipment. Part Two, herein, explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws o

  • Letters of Credit

    December 01, 2016 |

    One aspect of lease review that may not receive enough attention is the letter of credit as a form of security. Since a cash security can, in many states, be considered the property of the debtor's estate, letters of credit are required, in lieu of a cash deposit, by many landlords to shield such as

  • Challenges in Solar Equipment Finance

    November 01, 2016 |

    Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.

    Part One of a Two-Part Articl

  • Case Notes

    November 01, 2016 |

    Landlord's Self-Proclamation of Tenant's Breach Costs It Big

  • Food Courts and Their Leasing Issues

    November 01, 2016 |

    Although the concept has been very successful in the retail industry, a collection of tenants serving food and beverages in one location presents several issues and problems for both landlords and tenants. Those issues suggest certain aspects of food-court tenancy that should be discussed and addres

  • Additional-Rent Reconciliation

    November 01, 2016 |

    Issues can arise in the context of additional rent reconciliations that occur pursuant to the provisions of a commercial lease. We examine herein specific concerns from both landlord and tenant perspectives relating to over- and under-payments of rent, improper charges, supporting documentation and

  • Going Green in Commercial Leasing

    October 14, 2016 |

    Millennials have started altering consumer trends and pushing for sustainable offerings. In this environment, it becomes important for landlords and tenants alike to make a large, positive environmental impact by constructing and leasing facilities that are more energy efficient.

  • Brokerage Commissions

    October 14, 2016 |

    When negotiating the terms of a new relationship with a leasing broker, an owner of a multi-tenant commercial property or a tenant seeking to sublease its space may be presented with a written brokerage agreement that is lengthy and complex. The amount of commission payable and the time and manner o

  • Defining 'Occurrence' in Insurance Can Have Major Impact in Recovery

    October 14, 2016 |

    Occurrence" in an insurance policy is a fickle word. Sometimes it means only one. Other times it means many. Moreover, courts may treat the meaning of "occurrence" differently depending on whether it is an occurrence in a first-party property damage claim or in a third-party liability claim.