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Recently, we had the rare experience of having the fair market terms for an expansion go to arbitration. Although successful, navigating through a murky arbitration clause is no easy feat. This difficult experience and serving as an arbitrator has led us to recognize and appreciate the importance of well-drafted lease language. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.
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Foreclosure Statute of Limitations
By Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
By Stephanie C. Lieb and Alexander Zesch
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.
Commercial Landlords Look to Make Buildings Safe During and After COVID-19
By Les Shaver
Adaption was a critical skill for many commercial real estate firms throughout the pandemic. Companies had to hustle to get the supplies to protect their employees and residents. They’re not only thinking about what can protect their occupants from COVID, but what high-tech investments can make their buildings healthier in the future.
Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits
By James D. Silver
While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic’s financial impact and to save their leases.
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