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Retail Law Advisor

Category Archives: Tenant

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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

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

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

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

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

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

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

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

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?

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

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

Will Landlords Get Sandwiched in Grocery Wars?

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