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Editor’s note: In July 2012, the federal government moved to seize commercially leased property located in San Jose, CA, because it was being used by a medical-€“marijuana-producing tenant operating in compliance with California law. The federal government did not recognize as valid California’s authorization of medical marijuana sales, as it still has on the books its own legislation listing marijuana as a schedule-I drug — the most dangerous kind. The Government brought a civil in-rem forfeiture action pursuant to 21 U.S.C. § 881(a)(7), which authorizes the Government, in the case of property that is being used to violate the federal Controlled Substances Act, to seize such “real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter punishable by more than one year’s imprisonment.”
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By Ian Sutton
There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
By Andrew C. Kassner and Joseph N. Argentina Jr.
Section 365 of the Bankruptcy Code, which governs the disposition of executory contracts, has specific provisions regarding the disposition of commercial real estate leases in bankruptcy, including the rights of a tenant to remain in possession of the leased premises when the landlord files a bankruptcy case and rejects the lease. But what rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord?
By Allison Dunn
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
By Adam Leitman Bailey and John M. Desiderio
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.