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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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New York Cannabis Law’s Lease Mandate Catch-22
By Marjorie J. Peerce, Michael P. Robotti and Kamera Boyd
New York’s recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
COVID-19 and Lease Negotiations: Tenant Security
By Ann E. Ryan and Adrienne B. Koch
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.
Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
By Jeffrey M. Gussoff and Adriana M. Peters
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
Commercial Real Estate Investors Looking for Next Value Play
By Erik Sherman
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
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