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Columns & Departments
Discussion of two major cases.
Columns & Departments
The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.
Features
<b><I>Protecting a Tenant's Right To Be Seen</I></b><p>When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.
Columns & Departments
A look at a case involving a landlord's action to enforce a commercial lease provision regarding appraisal of real property.
Features
<b><I>Part One: Manage Expectations and the Legal Process</I></b><p>So far this year, more than 3,200 retail stores have closed their doors. While this is certainly not the end of brick and mortar retail, owners and managers of shopping centers faced with dark stores and mounting receivables are asking "now what?" This article is the first in a five-part series.
Columns & Departments
Discussion and analysis of several key rulings.
Features
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
Columns & Departments
Discuss of a case in which assignee wrongdoing might justify piercing the corporate veil.
Features
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
