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Retail Law Advisor

Category Archives: Landlords

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End Of An Era Or Simply a Moment In Time?

Posted in Landlords, Leasing, Real Estate, Retail, Retail Sales, Tenant

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and… Continue Reading

ICSC Mid-Atlantic Conference & Deal Making Recap

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Tenant

With seemingly all of the country’s attention focused on Washington DC lately, we snuck out of the District and across the Potomac River to National Harbor last week for ICSC’s 2017 Mid-Atlantic Conference and Deal Making. The conference was very well attended, and the mood among attendees and presenters was generally upbeat. Anecdotally, the sentiment… Continue Reading

Oh the Sidewalks Outside Are Frightful, But Landlords Will Make Them Delightful… or Will They?

Posted in Compliance, Landlords, Leasing, Real Estate, Retail, Tenant

Although we haven’t seen much snow accumulation in the northeast to date, we know that this can (and likely will) change before the warmer weather returns. Before the snow really begins to fall, it would behoove both landlords and tenants to become informed about their snow clearing responsibilities and to ensure removal plans are in… Continue Reading

Upscale Food Halls—On Trend and On The Rise

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Retail Sales

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining. These boutique-style, upscale food halls are modeled more after famous European markets like Barcelona’s Mercado de la… Continue Reading

The Power of Pop-ups: From Fad to Retail Mainstay

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved into an attractive option for retailers of all shapes, sizes and experience. Smaller, emerging companies have jumped on the pop-up as an… Continue Reading

Are Prohibited Uses Prohibiting Opportunity?

Posted in Landlords, Leasing, Retail, Tenant

Despite how it may sometimes seem when in the throes of negotiating a lease between a shopping center landlord and a retail tenant, the overarching goals of the two parties are aligned. Both parties want the tenant to be successful and want the landlord’s shopping center to be active and vibrant, filled with “hot” tenants… Continue Reading

Off-Price Retail Therapy for Landlords: New Opportunity in the Age of Millennials

Posted in Bankruptcy, Landlords, Retail, Retail Sales, Tenant

On March 2nd, after much media speculation, Sports Authority commenced a case under chapter 11 of the United States Bankruptcy Code. In its initial bankruptcy filings, the company’s CFO announced that it will close up to 200 of its 464 stores over the course of the bankruptcy case. Sports Authority has already commenced liquidation sales… Continue Reading

New Lease Accounting Rules Are Final: Retailers and, Ultimately, Landlords Can Expect Changes

Posted in Landlords, Leasing, Real Estate, Retail, Tax

We recently wrote about expected changes to the rules governing the way leases are accounted for on balance sheets and suggested the changes would have major implications for retailer tenants and longer term implications for landlords. Late last week, as expected, the Financial Accounting Standards Board (“FASB”) issued a suite of now final rule changes… Continue Reading

Marijuana Retailers – Are Private Clubs an Answer to Prohibitions on Public Use?

Posted in Landlords, Regulatory, Retail, Retail Sales

In jurisdictions where recreational marijuana is legal, many retail entrepreneurs and commercial landlords want to understand how and if marijuana can be consumed in retail establishments.  In jurisdictions such as Colorado and the District of Columbia, where the use and possession of marijuana for recreation is legal, consumption cannot occur in public.  This has left… Continue Reading

Change in Lease Accounting Rules to Have Major Impact for Retailers, and Ultimately, Landlords Too

Posted in Landlords, Leasing, Retail, Tax, Tenant

Rules governing the way leases are accounted for on balance sheet rules are expected to change in the first quarter of 2016 with major implications for retailer tenants and longer term implications for landlords. Today, real estate leases are generally not accounted for on most tenants’ balance sheets. That is, such leases are regarded as… Continue Reading

Pop-Up Halloween Stores Don’t Scare Landlords

Posted in Landlords, Pop-up Retail, Retail, Retail Sales

Halloween specialty stores have been popping up annually since the 1980’s and quickly became a national phenomena.  According to the National Retail Federation, the celebration of Halloween is projected to generate approximately $7.4 billion dollars this year. Pop-up Halloween stores can be big business for both retailers and their landlords.  Even though pop-up tenants only… Continue Reading

A Case of Caution: the Effect of Redevelopment on Existing Mall Leases

Posted in Development, Landlords, Leasing, Real Estate, Retail, Tenant

In a follow up to our other posts regarding the White Flint Mall redevelopment, the jury has reached a verdict. Until recently, White Flint Mall in Bethesda, Maryland was a prime example of retail mall success. However, as the mall began to lose tenants and customers, its owner decided to redevelop the mall into a… Continue Reading

Blowdryers and Flatirons: The Real Estate Market Heats Up with Salon Suites

Posted in Landlords, Leasing, Real Estate, Retail, Tenant

For years the price of entry for solo entrepreneurs in the health and beauty category was high. With similar fixed startup costs as any professional practice would have, such as real estate, insurance, supplies, but with much slimmer profit margins, stylists and aestheticians were often relegated to renting chairs from established salons or working for… Continue Reading

It’s Snowing (Again!) – What Responsibility Does a Landlord Have for Snow and Ice Removal?

Posted in Compliance, Landlords, Restaurants, Retail, Risk Management

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are for clearing and managing snow and ice that has accumulated in their parking lots and on their sidewalks…. Continue Reading

When Fashion Met Style…Spin-Off Stores

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales, Tenant

Over the past few years, there has been a discouraging rash of mall vacancies and closings, as traditional department stores and retail chains have had to close shop, lick their wounds, and get back to the drawing board in hopes of reviving their brand names and regaining a foothold within the retail market. What truly… Continue Reading

A “New World” of Fashion and Food

Posted in Landlords, Real Estate, Restaurants, Retail, Retail Sales, Tenant

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters of effective advertising, an amplified sense of haste has motivated these proprietors to explore additional means of creating… Continue Reading

What The Height Act Amendment Means for DC Rooftop Development

Posted in Development, Landlords, Permitting, Real Estate, Retail, Tenant, Zoning

Last week, President Obama signed an amendment into federal law allowing human occupancy in rooftop penthouses on top of DC buildings. This is an exciting update for DC real estate owners and developers because it presents a budding opportunity to build penthouses for more value and usability beyond what is currently permitted. Currently, DC law… Continue Reading

Pop-up Retail

Posted in Landlords, Leasing, Retail, Tenant

Picture this: you’re the owner of a building in a bustling downtown hub and you find yourself with vacant retail space in a highly visible location. The previous tenant just left and you are still looking for the right long-term tenant, though you suspect the search could take several months. Or perhaps you are considering… Continue Reading

Liquor Licensing Changes in Massachusetts Impact Landlord-Tenant Relationships

Posted in Landlords, Leasing, Restaurants, Retail, Retail Sales, Tenant

Retail landlords and tenants are heavily impacted by recent changes in liquor licensing forms generated by the Massachusetts Alcoholic Beverages Control Commission (ABCC) and increased background investigations related to license applications. Although Massachusetts restaurant and package store operators have long been accustomed to disclosing financial, operational and personal information to the ABCC to obtain their… Continue Reading

“Shoppable Window” Technology Bridges the Gap between Online Shopping and Traditional Brick-and-Mortar Retail

Posted in Landlords, Retail

The tension between online retail and traditional brick-and-mortar shops isn’t news to anyone following retail trends. But at least one forward-thinking retailer has found a new way to use both arenas simultaneously to build its brand and generate sales among its target demographic. Earlier this year, Kate Spade New York, long known for its higher-end… Continue Reading

Recent Decisions Potentially Expand Scope of Landlords’ Bankruptcy Claims Beyond the Rent Cap

Posted in Bankruptcy, Landlords, Leasing, Tenant

When a tenant files for bankruptcy and rejects its lease, the Bankruptcy Code limits a landlord’s rejection claim to the amount of any unpaid rent and rent-related charges accrued prior to the tenant’s bankruptcy plus future rent and rent-related charges (e.g., common area maintenance charges, real estate taxes) reserved under the lease (without acceleration) for… Continue Reading

For Purveyors of Medical Marijuana, Siting Dispensaries Gets Easier in Massachusetts, and Federal Tax Concerns Begin to Settle

Posted in Landlords, Municipalities, Real Estate, Retail, Tax, Zoning

Some retail landlords in Massachusetts will welcome medical marijuana treatment centers as tenants by the end of the year, and treatment center operators have recently had some good news regarding local land use and federal tax regulation of medical marijuana. Although many state governments are easing the path towards legalizing marijuana for medicinal use, local… Continue Reading

Restaurant Paradox: Encouraging and Discouraging New Restaurants in Washington, D.C.

Posted in Development, Landlords, Restaurants, Retail, Zoning

Research has suggested that zoning can have both anti-competitive and pro-competitive effects on retail establishments. The anti-competitive effects may be caused by limiting the number of certain types of retail establishments, by prohibiting some types of retailers, or by encouraging certain types of retailers over others. Other research has shown that zoning can increase competition… Continue Reading

Snow and Ice Removal: The Duties of Commercial Property Owners and Tenants

Posted in Landlords, Retail, Tenant

During the winter months, owners and tenants of commercial property should be sure they understand their legal duties to remove snow and ice and the liability risks if they fail to do so. If a visitor to a store slips and falls in the icy parking lot, for example, the property owner and the tenant… Continue Reading