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Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. Concessions or discounts given to one party are not necessarily being offered to another, and bargaining position can be compromised when too much information is available to a lease-negotiating prospect. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
By Marisa L. Byram and Wheeler Frost
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord’s consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
By David Kupetz and Asa Hami
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
Insurance Lapse Deemed Not Curable
Uncertain Method for Determining Future Rent Dooms Renewal Rights