Header graphic for print
Retail Law Advisor

Category Archives: Leasing

Subscribe to Leasing RSS Feed

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

Retail Business Incubators Bolstering Local Economies

Posted in Leasing, Municipalities, Retail

Vacancy rates are still well above historic levels in neighborhood and community shopping centers and on “main streets” nationwide – a lingering effect of the economic downturn in 2008-2009 . In response, some retail owners, nonprofits and municipalities are experimenting with retail business incubators as a means to fill vacancies and bolster the local economy…. Continue Reading

Landlord Considerations: Medical Marijuana Cultivation Centers and Dispensaries

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

Sustainability in the Retail and Restaurant Industry: An Imperative and an Opportunity

Posted in Development, Green, Leasing

Once motivated purely by altruism, sustainable retail development and building operation are increasingly encouraged by both governments and market conditions, if not explicitly required by law. Sustainability presents attractive opportunities to the retail and restaurant industry despite its unique challenges, such as significant interior and exterior demands, management of substantial refrigeration loads associated with food… Continue Reading

Back Bay Blackout

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