Features
Surviving the Retail Shift
<b><i>Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series</i></b><p>The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
Features
Airbnb and Rent Stabilization: A Survey
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
Features
'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
Columns & Departments
Landlord & Tenant
A look at two interesting cases.
Features
Surviving the Retail Shift
<b><I>Landlords' Duty to Mitigate Damages.</b></i><p><i><b>Part Two of a Five-Part Series</I></b><p>In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?
Columns & Departments
Cooperatives & Condominiums
Discussion of two major cases.
Columns & Departments
Case Notes
The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.
Features
Key Points for Drafting Signage Clauses
<b><I>Protecting a Tenant's Right To Be Seen</I></b><p>When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.
Columns & Departments
Landlord & Tenant
A look at a case involving a landlord's action to enforce a commercial lease provision regarding appraisal of real property.
Features
Surviving the Retail Shift
<b><I>Part One: Manage Expectations and the Legal Process</I></b><p>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.
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