By: Andrew M. Gluck Did you know that unrelated third parties (like a landlord and a tenant) should not be named a “co-insured” or even a “named insured” on another party’s insurance policy? In fact, …
Exclusive Use Clauses in Shopping Center Leases
By: Gary M. Kaleita Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping …
Build-to-Rent Housing Attracting Both Developers and Renters
Gary Kaleita In the current housing market, the cost of home ownership is still relatively high even though in many areas home prices have begun moderating. As interest rates rise, fewer people will be able …
Drone Use by Commercial Building Owners
Gary Kaleita Owners and buyers of commercial buildings are increasingly using drones—also known as unmanned aircraft systems (UAS)—to inspect roofs and other exterior elements of buildings. In addition to making it easier to access the …
CAM Expenses – Cumulative v Non-Cumulative
Tim Miedona & Nicole Cuccaro During commercial leasing negotiations, landlords and tenants will often extensively negotiate the terms of a cap on the controllable operating expenses under a lease. Often, however, the issue of whether …
Basic Elements of Letters of Intent
Gary Kaleita Letters of intent (LOIs) are used to summarize the material terms of a proposed transaction, typically involving the leasing or sale of real property. Sometimes called term sheets, letters of interest or deal …
New Orleans Restaurant Wins with Covid Damages Ruling
By: Jacqueline Bozzuto Last week, Oceana Grill, a 500-seat seafood restaurant in New Orleans, won the first appellate victory for an insured business in a Covid-19 business-interruption case. Cajun Conti, the company that owns Oceana …
If It Walks Like a Lease, Talks Like a Lease: Leases vs. Licenses
By: James Walson There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, …
What Landlords and Tenants Need to Know This Hurricane Season
By: Scott Renaud, Foundry Commercial; Quino Martinez and Nicole Cuccaro, Lowndes This year, forecasters at the National Oceanic and Atmospheric Administration are predicting another above-average Atlantic hurricane season, which runs June 1 through November 30. …
Five Quick Bullets for a Tighter Lease
By: Shawn Rader Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road. The PartiesIt is amazing how often the identity of the parties to a …