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Category Archives: Landlords

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

By Peter Bilowz and Timothy John Carter on 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

By David A. Lewis and Timothy H. Watkins on 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.

By Cary R. Kadlecek and Timothy H. Watkins on 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

By Brian P. Thurber and Kevin P. O'Flaherty on 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

Staying High and Dry: Considerations of Landlords and Tenants in Floods

By Sebastian E. Kurian II and Timothy H. Watkins on Posted in Insurance, Landlords, Risk Management, Tenant

While landlords and their tenants in areas like New York City continue to recover from flooding in the wake of Hurricane Sandy, landlords and tenants of one of Washington, D.C.’s premier waterfront destinations are still reeling from the after effects of a 2011 storm that caused severe flooding in the nation’s capital. According to the… Continue Reading

A Tenant’s Employee has a Criminal Record. How Does a Landlord React?

By Elizabeth K. Levine and Kevin P. O'Flaherty on Posted in Employment, Landlords, Liability, Retail, Tenant

Employers often are faced with applicants or employees who have criminal backgrounds. There is legislation which provides guidance to employers who wish to make pre-employment inquiries, establishes certain access to criminal offender record information (“CORI”) and provides for a process by which employers may make employment decisions based on CORI. While for the most part… Continue Reading

When The Unthinkable Happens: Owner Liability For Homicide In Shopping Malls

By Anna P. Stern and Andrew J. Ferren on Posted in Landlords, Liability, Retail, Risk Management

In the wake of recent open mall shootings in New Jersey, Toronto, Michigan and Texas, many observers reacted by wondering how these incidents could have been prevented and who may share responsibility for them. The extent of a property owner or landlord’s liability may be surprising. For example, a July 2012 decision by a New… Continue Reading

Landlord Considerations: Medical Marijuana Cultivation Centers and Dispensaries

By Patrick D. Blake and Timothy H. Watkins on Posted in Landlords, Leasing

On March 30th the District of Columbia Department of Health announced the first group of businesses that are eligible to establish marijuana cultivation centers as part of the District’s medical marijuana program. The businesses that will be eligible to establish marijuana dispensaries are expected to be announced in late June. The implementation of D.C.’s medical… Continue Reading

Back Bay Blackout

By Brian R. Judge and Amy Moody McGrath on Posted in Landlords, Leasing, Tenant

Hope for the best but prepare for the worst. Fires, natural disasters such as floods, hurricanes and earthquakes, and extended power outages can become dangerously “hypothetical” in the heat of a retail lease negotiation. But just ask landlords and retail tenants in Boston’s Back Bay, Chinatown, Theatre District, Kenmore Square and the South End about… Continue Reading

Will Landlords Get Sandwiched in Grocery Wars?

By Kevin P. O'Flaherty and Timothy H. Watkins on Posted in Landlords, Tenant

Grocery store tenants are likely to make demands on their commercial landlords to enforce lease exclusive-use covenants that have been slumbering peacefully in leases for years, dragging those landlords into the middle of a food fight that will raise such questions as whether a tenant retailer can sell bologna but not bacon. Retailers better known for… Continue Reading