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There is no denying that online shopping and changes in consumer spending habits have had a profound impact on brick-and-mortar shopping centers. Rapid advances in technology have changed how and where consumers shop, how they spend their money, and how they spend their time. The impact is evident to anyone who has visited a shopping mall in the last couple of years. For the past half-century, retail giants have been steadfast anchor tenants, driving foot traffic and sales at shopping centers. Amid the current so-called retail apocalypse, an unprecedented number of classic anchor tenants are now gating their big-box entrances and going dark. More than 20 retail chains have filed for bankruptcy in recent times, and others are liquidating, falling like dominoes.
A Tenant’s Perspective on SNDAs: Non-Disturbance Is Not Enough
By James O’Brien
Part One of a Two-Part Article
This article outlines the basic elements of an SNDA and will explain the differences between the concepts of “non-disturbance” and “recognition,” while contending that lease recognition is more important to the tenant than not having its possession disturbed.
By Joseph I. Farca
Collecting the Legal Fees It Cost You to Collect Legal Fees
Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such “fees on fees,” as they are known. But it wasn’t always this way.
New York’s 2019 Rent Laws: Impact on Commercial Landlords
By Daniel J. Ansell
NY Gov. Andrew Cuomo signed legislation modifying existing rent laws and enacting significant landlord-tenant reforms. To date, the real estate industry has focused primarily on the sweeping impact the new laws will have on residential tenancies and the deregulation of rent-stabilized apartments. The reforms, however, also dramatically impact commercial tenancies by altering non-residential summary proceedings and significantly hampering the ability of commercial landlords to respond effectively and quickly to tenant defaults.
By ssalkin
Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest
Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease
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