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We found 2,414 results for "Commercial Leasing Law & Strategy"...

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent
February 01, 2023
Looking primarily to states like Connecticut for guidance, the Appellate Court of Maryland concluded that economic challenges stemming from COVID-19 executive orders themselves are not sufficient to establish the affirmative defenses of frustration of purpose and legal impossibility for failure to pay rent.
Seven Commercial Real Estate Investment Strategies for 2023
February 01, 2023
With the year starting out amid uncertainty and no small amount of pessimism, there are certain strategies that promise to play well amid the environment. Read on to find out what will work in 2023.
Development Issues for Tenants to Consider In Build to Suit Leases
January 01, 2023
There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
What Rights Does Commercial Subtenant Have In Security Deposit When Landlord Files for Bankruptcy?
January 01, 2023
Section 365 of the Bankruptcy Code, which governs the disposition of executory contracts, has specific provisions regarding the disposition of commercial real estate leases in bankruptcy, including the rights of a tenant to remain in possession of the leased premises when the landlord files a bankruptcy case and rejects the lease. But what rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord?
Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable
January 01, 2023
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic
January 01, 2023
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
Landlord & Tenant Law
December 01, 2022
Landlord's Re-Entry Not Authorized By Lease Provision Plans to Demolish Building Supported Denial of Renewal Lease Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements
District Court Rules on Ripeness of Claim Under RLUIPA
December 01, 2022
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Severing a Master Lease Raises Thorny Issues
December 01, 2022
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
The Scrivener's Error Doctrine In Commercial Lease Drafting
December 01, 2022
What are the limits of efforts to rescind or reform an agreement based upon a mistake? Can a mere "Scrivener's Error" during drafting result in a wholesale extinguishing of a lease document?

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