Landlord Solutions For Avoiding Uncertainty
March 02, 2017
<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
Top 10 Equipment Acquisition Trends for 2017
March 02, 2017
Compiled through industry research, industry participants' expertise and ELFA member input, the trends are designed to help businesses and other organizations as they execute their equipment acquisition strategies during the coming year.
Long-Term Leases In PA
March 02, 2017
In a case decided on Oct. 17, 2016, the Commonwealth Court of Pennsylvania rejected a long-standing position taken by the Pennsylvania Department of Revenue dealing with when renewal periods must be added to the initial term of a lease for realty transfer tax purposes.
Expanding the Scope of Good Guy Guarantees
March 01, 2017
Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in <i>Bri Jen Realty Corp. v. Altman</i>, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.
Work Letter 'What Ifs': Practical Solutions to Possible Problems
March 01, 2017
<b><i>Part One of a Two-Part Article</b></i><br>The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.
David vs. Goliath
February 01, 2017
<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.