What's Working to Get Employees to Return To the Office
February 01, 2023
We are seeing a variety of successful measures that are designed to help attorneys get what they want: a best-of-both worlds scenario where they keep some work-from-home and fold-in an opportunity to intentionally connect and collaborate with colleagues in the office.
New Bankruptcy Code May Provide Way Out of Commercial Leases
February 01, 2023
In major metropolitan areas, commercial office vacancies have skyrocketed and rents have plummeted. Tenants, required to examine their space needs post-pandemic, are eager to take advantage of the lower rents. A recent addition to the Bankruptcy Code provides these lessees with an opportunity to walk away from above-market leases.
Commercial Real Estate's New Darling: Retail
February 01, 2023
Retail appears to be replacing multifamily when it comes to commercial real estate darlings. Shopping center vacancy in Q4 2022 reached its lowest level dating back to 2007 — and asking rents for shopping centers rose broadly.
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."
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
