Feature

Get 11 Lease Protections When Leasing Furnished Office Space

July 21, 2021    

During the pandemic, some of your tenants may have abandoned their office space to work from home, leaving the premises fully or partially furnished. Now that the leasing market is returning to something approaching normal, leasing these furnished offices may prove to be a windfall for your...

Courts Take Dim View on Retailers' Right to Pandemic Rent Relief

June 17, 2021    

New York State has become something of a national laboratory of commercial leasing litigation testing the rights of retail and restaurant tenants that couldn’t meet their lease rental obligations due to COVID-19 shutdowns. A brand-new case brought by upscale retailer Hugo Boss is...

Post-COVID Leasing: Self-Help Eviction of Tenants that Don’t Pay Rent

May 19, 2021    

Throughout the course of this pandemic, landlords have found all kinds of creative ways to support COVID-19-strapped tenants who can’t pay rent. When the history is written, it is likely to show that working together to find mutually workable solutions was, in fact, the most effective...

Trade Retailer's Right to 'Go Dark' for Your Right to Recapture Space

April 21, 2021    

Many, if not most, retail tenants hesitate to sign leases containing continuous operation clauses. Of course, this dogged determination to maintain the right to go dark and not be forced to operate no matter how bad business becomes is nothing new. But there can be no doubt that the COVID-19...

COVID’s Impact on Construction Duties Under the Lease: Lessons for the Future

March 23, 2021    

By Sujata Yalamanchili and Dylan Weber

 

Do Government COVID Business Closure Orders Frustrate the Purpose of a Commercial Lease?

February 18, 2021    

In addition to their express terms, leases are governed by so-called common law rules that apply regardless of what the agreement actually says. One of these rules is a normally obscure and arcane doctrine known as “frustration of purpose,” which applies when performing lease duties...

Structure Rent Repayment Plans to Take Advantage of New Bankruptcy ‘Preference’ Rules

January 22, 2021    

They say that no good deed goes unpunished. And if you’ve cut tenants a break on their rent during the COVID-19 crisis, you may have learned the truth of this maxim the hard way. This is especially so if the tenant later declared for bankruptcy. Thanks to the so-called rule of preference,...

How to Limit Your Liability for Negligence and COVID-19 Infection

December 17, 2020    

Although premises liability and the risk of negligence litigation are perennial concerns for commercial property owners, COVID-19 infuses these issues with a new immediacy. The nightmare scenario: Tenants and/or their employees, customers, vendors, or other invitees who get COVID will claim they...

Protect Yourself When Letting Tenants Tap Security Deposit to Pay Rent

November 18, 2020    

The tenant security deposit is the piggy bank that you don’t want to break open while the lease remains in effect, unless it’s absolutely, positively necessary. And with COVID-19 cases resurging and the prospects of business shutdowns looming, we may be getting close to that...

Landlords Draw First Blood in Battle for Coverage of COVID-19 Losses

October 21, 2020    

Do financial losses that a landlord, tenant, or other business incurs as a result of COVID-19 and the resulting government shutdowns count as a “direct physical loss” covered by business interruption insurance?

How to Protect Yourself When Giving Tenants an Option to Contract

September 18, 2020    

By enabling tenants to surrender part of their space, contraction options can keep tenants viable, out of bankruptcy, and in their leases. This may be the perfect antidote to the staff reductions, stay-at-home orders, and uncertainty over future space needs created by the pandemic.

Rework Lease Notice Provisions for the Pandemic World

August 25, 2020    

By Matthew S. Raczkowski, Esq.