Can a Tenant Enforce a Right of Refusal In Third-Party Sale?
September 01, 2022
In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.
When to Raise Equity Capital In a Fund Structure
September 01, 2022
Gravitating to a fund structure is also no easy task and as with any investment program, the first one is always the most difficult. However, the benefits far outweigh the costs for any experienced real estate investment firm. The primary concern with a fund structure is who will sell the equity in the fund.
Landlord & Tenant Law
September 01, 2022
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty
Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement
Court Upholds Holdover and Prejudgment Interest Provisions
Unsigned Lease Agreement Not Binding
Rulings on COVID-19 Defenses In Commercial Real Estate
September 01, 2022
Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.
CRE Case Roundup
September 01, 2022
A compilation of commercial real estate rulings in courts across the country.
Commercial Lease Assumption Under Chapter 11 Bankruptcy
August 01, 2022
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
Eminent Domain Law
August 01, 2022
Adjustment for Condemnation Blight Overturned
Current Use Constitutes Highest and Best Use
Removing Restrictive Covenants In New York
August 01, 2022
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
It May Not Be Too Late to Assume That Lease
August 01, 2022
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
