Feature Articles

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...

Enforcing Commercial Lease Guaranties in the Age of COVID-19

December 17, 2020    

As it has with most every other aspect of leasing, the COVID-19 crisis has played havoc with landlords’ efforts to collect unpaid rent from tenants’ guarantors. And now as a second and more deadly surge of cases threatens further government shutdowns, landlords need to be aware of...

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?

11 Best Practices for Seeking COVID-19 Financial Relief from Your Lender

October 21, 2020    

It’s become abundantly clear that to overcome the economic dislocation caused by COVID-19, landlords must be able to work not only with their tenants but also their lenders. For one thing, you probably can’t offer tenants rent concessions and other relief without your lenders’...

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.

Collecting Post-Petition Rent from Bankrupt Tenants

August 25, 2020    

Now that most states have lifted their moratoria on commercial evictions, tenants strapped by COVID-19 losses are increasingly seeking refuge in bankruptcy courts. But while the automatic stay buys tenants some time to decide whether to reject their lease, tenants in bankruptcy still have to pay...

How to Give Tenants Future Pandemic Rent Relief

July 24, 2020    

ADOPT SEVEN KEY PROTECTIONS IN YOUR LEASES FROM NOW ON.

 

As businesses reopen, landlords and tenants should be thoroughly preparing for the next public health crisis. One key question both sides will have to address in their future leases: To what, if any, kind of rent...

Force Majeure & COVID-19: New Case Offers 4 Key Pointers

July 24, 2020    

Can a tenant who can’t operate due to a COVID-19 public health emergency order rely on the force majeure clause of its lease to forgive its obligation to pay rent?

This has been perhaps the biggest question in all of commercial leasing law ever since the pandemic began. And now...

Get Reopening Tenants to Use 'Contact Logging'

June 17, 2020    

It’s in your interests to ensure tenants maintain social distancing in the leased space.

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10 Key Leasing Lessons from the First Phase of the COVID Crisis

June 17, 2020    

The COVID-19 crisis has forced landlords and tenants around the country to rework their leases. And while the process will continue for months and even years, we’ve reached the point where we can step back and consider the big-picture leasing lessons from the tumultuous months of March,...