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Features
Development Issues for Tenants to Consider In Build to Suit Leases
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.
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Features
What Rights Does Commercial Subtenant Have In Security Deposit When Landlord Files for Bankruptcy?
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?
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Features
Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable
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."
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Features
Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic
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.
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