Part One: Manage Expectations and the Legal Process
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.
Discussion and analysis of several key rulings.
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?
Discuss of a case in which assignee wrongdoing might justify piercing the corporate veil.
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.
In Matter of Avella v. City of New York, the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
Discussion and analysis of a case involving enclosing a balcony.
Part Two of a Two-Part Article
Last month, the authors outlined three types of provisions that can ease a commercial landlord's efforts to enforce the terms of a lease when a tenant defaults: clauses related to additional rent, rent acceleration and late charges. They continue here with two more lease-drafting ideas for minimizing the effects of tenant default.
