Features

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

A look at two interesting cases.

Features

<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

Discussion of two major cases.

Columns & Departments

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

<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

A look at a case involving a landlord's action to enforce a commercial lease provision regarding appraisal of real property.

Features

<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.