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Interested in knowing what other partners are saying about how commercial lease agreements are evolving? Access exclusive market intelligence about private commercial lease agreements, as only told by other real estate partners like you. Answer an exclusive...

Eminent domain is the power of the sovereign to take private property for public use without the owner's consent. Eminent domain, takings, and condemnation are often used interchangeably, although the three terms are not actually synonymous; eminent...

Attorneys representing national lenders must consider various issues, including the loan origination process, commitment letters, the business structure of borrowers, state-specific compliance issues, as well as local practices for loan closings. Use...

A relocation clause gives the landlord flexibility to move a tenant to accommodate the needs of a larger prospective tenant. Unless the tenant can persuade the landlord to exclude such provision from the lease, it should negotiate tenant-friendly language...

Commercial real estate loans are commonly modified to accommodate changes in circumstances affecting the borrower, the lender, the real property, or the market. In entering modification agreements, lenders must ensure that their priority in the real property...

When a landlord defaults on the lease, statutory remedies available to tenants vary depending upon the jurisdiction. In some states, tenants have the right to offset or withhold rent. Other states allow tenants to abandon or terminate their lease under...

Tenant parking needs are frequently overlooked in commercial lease negotiations. However, inadequate parking can severely impact a tenant’s business operations, especially in high density areas where parking is scarce. Whether parking is for the...

One way to obtain land use approval for a private development without seeking zoning variances is to draft an ordinance addressing the needed zoning relief. This procedure bypasses the zoning variance approval process from municipal zoning hearing boards...

The rising cost of buying and renting houses has increased the demand for accessory homes. These accessory homes–also called accessory dwelling units or in-law apartments–are generally attached to an existing house or are built in a single...

The fundamentals of buying and selling commercial real property are similar in most states, but some states have unique requirements that, if not followed, may adversely impact the sales process. Read this practice note discussing some of the pitfalls...

Drive-through and take-out restaurant consumption, which increased in popularity during the COVID-19 pandemic, has created shared use and easement issues with adjoining businesses, especially those in shopping centers. Read this article discussing state...

Real estate joint ventures, comprised of developers and investors, commonly form a separate entity as a wholly owned subsidiary of the joint venture to take ownership of the joint venture’s real property. This strategy separates the real property’s...

What are the available remedies for a commercial tenant’s breach, anticipatory breach, or default? Can tenants remain at the property until evicted through a court action? Or can landlords perform a speedy self-help eviction by changing the locks...

Cities are adopting building codes and other regulations to reduce greenhouse gas emissions. Implementing these laws presents certain challenges, such as supply chain shortages, unfamiliarity with new technologies, and funding and allocating improvement...

In commercial real estate acquisition loans, lenders typically impose financial covenants and reporting obligations on borrowers for the life of the loan. Lenders commonly require borrowers to maintain a certain debt service coverage ratio and a specific...

Commercial landlords and tenants should negotiate lease rent escalation provisions with rising inflation in mind. In this changing economy, it is critical to balance both parties’ interests when structuring rent terms to minimize future disputes...

Whether buying or selling commercial real estate, refer to our Purchasing and Selling Commercial Real Estate Resource Kit to streamline the purchase and sale process. This resource kit is a compilation of materials on important aspects of commercial real...

Are you representing a lender or a borrower? Do you need guidance on commercial real estate financings, refinancings, or defaults and workouts? Our In-House Real Estate Financing Resource Kit, useful for both in-house and external counsel, links to essential...

The Purchase and Sale of Real Property treatise offers expert guidance on important aspects of real estate sales transactions. Visit Practical Guidance Real Estate for access to key sections of this essential resource. Click below for a practice note...

Want more data on the commercial leasing market? Visit Practical Guidance’s Private Market Data: Commercial Leasing ! Complete a short questionnaire and access private data from hundreds of recently negotiated commercial leases, giving you up-to...

Want more data on the commercial leasing market? Visit Practical Guidance’s Private Market Data: Commercial Leasing ! Complete a short questionnaire and access private data from hundreds of recently negotiated commercial leases, giving you up-to...

State legalization of marijuana has created a budding market for marijuana-related businesses (MRBs). As MRBs seek locations to grow and sell their product, an increasing number of real property owners and leaseholders are looking into meeting that need...

Property owners (and leaseholders) can earn extra money by renting out a dwelling to vacationers or business travelers for a few nights, weeks, or the rest of the summer! Before diving into the short-term rental market, though, learn about some of the...

Catch the last installment of our brand-new five-part video series on title insurance. In this final part of the series, learn about different categories of title policy premiums and fees, title insurance and the closing process, and benefits of title...

Tune in to Part 4 of our brand-new video series on title insurance for a look at endorsements. Learn how endorsements are used to add to or modify the coverage contained within the four corners of your pre-printed title policy. WATCH NOW » Related...