Trouble in Lease Land
May 26, 2009
Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.
In the Spotlight: Lease Audits: Adding Value in Troubled Times
May 26, 2009
If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.
What Tenants Are Asking of Their Landlords in Challenging Economic Times
May 26, 2009
The current economic slowdown has been particularly hard on the retail industry. Operating retail stores in times of economic uncertainty has placed most real estate professionals in uncharted waters. Tenants are looking to their landlords for economic relief to meet the challenges of operating their stores without incurring unacceptable losses during these turbulent times. This special issue of Commercial Leasing Law & Strategy discusses difficulties arising in the context of retail leasing.
Strategies for Responding to the Financially Distressed Auto Dealership
April 29, 2009
Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.
CPLR ' 6501 in Mortgage Foreclosure Actions and RPL ' 290 Short-term Leases
April 28, 2009
This author previously suggested consideration of amending CPLR ' 6501. The article herein addresses an additional reason for amending CPLR ' 6501, to wit: whether a properly filed N/P in a mortgage foreclosure plenary action binds to its results a later created interest in the subject realty evidenced by any type of lease or other possessory interest agreement for a term of less than three (3) years.
Anti-Idling Laws: Landlords and Tenants Beware
April 24, 2009
Over the past two years, many states have passed "anti-idling" laws that prohibit excessive motor vehicle idling. The focus of these laws is on owners and operators of larger commercial vehicles, many are written so broadly that enforcement procedures and fines can be imposed on landlords/property owners and tenants of property ...
The Most Crucial Commercial Lease Cases
April 24, 2009
The first part of this article, which appeared in the December 2008 issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The second part, which appeared in the February 2009 issue, discussed cases that address enforcement and violations. The cases in the conclusion herein address stipulations and eviction.
