The Leasing Hotline
March 22, 2004
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Address Exclusions from Operating Expenses Prior to Lease Negotiations
March 22, 2004
Exclusions from operating expenses are frequently the subject of much wrangling between landlords and tenants in lease negotiations. Many sophisticated parties will deal with such exclusions in the Letter of Intent, a method which allows the business people to focus on the issue early, rather than having the lawyers argue about it during the lease negotiation.
Using Letters of Intent in Real Estate Leasing Transactions
March 22, 2004
Everyone wants to do the deal, but no one is ready to sign the lease. Zoning approvals, construction plans, financing, and a host of other issues need to be firmed up before the lease will be signed, but it is a lot of time and expense to go through if there's no agreement on the essential terms of the relationship. Hence, the Letter of Intent ("LOI"). An LOI is intended to, and should, give assurances to the parties, fix the agreed-upon terms of the deal, provide information and assurances to third parties, and provide a framework for further negotiations and the definitive agreement. It can, however, also be a minefield of potential problems and an invitation to litigation. This article reviews some of those problems and suggests ways to accommodate the parties' needs while avoiding the most common dangers.
Landlord & Tenant
March 03, 2004
Recent rulings of importance to you and your practice.
Index
March 03, 2004
A complete listing of everything contained in this issue.
Successor Liability of UCC Foreclosure Sale Purchasers
March 03, 2004
As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in <i>Muscat v. Gray</i> (<i>infra</i> page 3 ), raises questions both of statutory construction and public policy.
Shopping Center Remodeling and Expansion: Considerations and Drafting Points
March 01, 2004
In today's commercial real estate market, with new shopping centers being developed at a rapid pace, landlords and tenants in existing older shopping centers have to work diligently to stay competitive. A factor that should be considered by both parties to stay competitive includes the eventual need to remodel and/or expand the shopping center.
The Leasing Hotline
March 01, 2004
Highlights of the latest commercial leasing cases from around the country.
