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The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing
The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. The best-written lease can fall short when an unusual situation arises. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing. Such was the case in Wilmington Trust Co. v. AEP Generating Co., 2017 U.S. App. LEXIS 6426, *; 2017 FED App. 0084P (6th Cir. 4/14/17), in which the U.S. Court of Appeals for the Sixth Circuit reversed a lower court ruling to prevent the lessee from passing off unanticipated expenses to the owners.
By Janice G. Inman
When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?
By Daniel A. Lev
Part Two of a Two-Part Article
As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.
By David B. Saxe and Brett Dockwell
As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.
By Elizabeth Kluger Cooper and Kimberly C. Jones
Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.