ANYONE FOR POKER? How Commercial Landlords Can Properly Handle Chain Tenant Bankruptcies
2/26/2020 | Articles & Alerts
If you are a commercial landlord these days, you’ve probably had one (or more) of your national chain tenants file for bankruptcy within recent memory. Though the Bankruptcy Code gives Chapter 11 debtors an almost absolute right to walk away from unprofitable leases, some national chain debtors have used that power as a weapon, in order to extract significant concessions from their landlords. Landlords often give those concessions, because they think that they have little or no choice, and that […]
Office Landlords Have To Decide What To Do With Remaining Tenant Property
2/26/2020 | Articles & Alerts
Office landlords must sometimes have to decide what to do with property left behind by a tenant. Usually the tenant is delinquent in its rent payments and shuts down its business suddenly due to financial and legal pressures. The vacated space may contain a wide variety of items ranging from expensive fixtures to office equipment, furniture, files, artwork and other personal items. First and foremost the landlord should try to determine who besides the defaulting tenant might have rights to […]
CITIES BEGIN TO IMPOSE STRICTER REGULATIONS ON LANDLORDS -THE POTENTIAL IMPACT ON PRIVATE PROPERTY RIGHTS
2/24/2020 | Articles & Alerts
San Francisco and New York City have recently sought to impose tighter regulatory controls on multi-family landlords. These controls will likely cause landlords to incur unforeseen additional costs that will impact the economic value of their investment. The question is whether courts will allow constitutionally protected property rights and investment-backed expectations to be eroded by such regulation. Today, many landlords will not remember when Philadelphia had its own form of rent control, principally because it was struck down by the […]
PROTECTING REDEVELOPMENT OPPORTUNITIES IN RETAIL LEASES
2/24/2020 | Articles & Alerts
National retail tenants normally desire that the site plan of the shopping center not change from what is initially attached as an exhibit to the lease, and that the height of the other buildings not exceed one story in height (and sometime not exceed the height of their premises); however, such a provision will severely limit the ability to reconfigure the shopping center to maintain, keep and create value in the event of future vacancies. In recent years, landlords have […]
Yes, YOU Need Title Insurance
2/24/2020 | Articles & Alerts
Title insurance is the only kind of insurance coverage where – if the closing is done properly – the incidence of valid claims can be reduced to almost zero. It’s also inexpensive, and should be part of every real estate sale. Your homeowner’s carrier can’t make you less clumsy, or your all-wood house less flammable. Your automobile carrier can’t make you a better driver (though those plug-in gadgets that monitor your driving habits try to). Your life insurer can’t extend […]
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