A recent lower court case out of Manhattan, New York raises a very interesting legal issue for both landlords and tenants: is an email adequate notice if the lease requires “written” notice? Read more
We're fully booked for interviews at RECON with a star-studded group of top notch executives from the most prestigious real estate firms. This isn't the old “wish you were here and too bad you’re not” interview series. We've asked our subjects to pick a topic that is near and dear to their hearts and minds. Read more
Many, many years ago (circa early 1980's) before the internet was even a twinkle in my eye, when I was General Counsel for Big Bear Markets, Big Bear’s principal owned and managed, internally about 2,000 residential units in addition to all of the company's shopping centers. One Saturday morning, I received a call from our real estate director advising me that he just fired the property manager and he needed help going through her office. There went my weekend. Read more
Option language as written by commercial landlords is usually a mirage and intended to be nothing more, by the landlord. An option almost never benefits the landlord. Read more
The California Supreme Court today decided that cities and counties may enact and enforce zoning ordinances that completely ban medical marijuana dispensaries within their geographical borders. Read more
The landlord’s property management policies and procedures are guidelines to be followed, unless there is good reason not to follow them. Read more
If the tenant obtains adequate insurance to cover these unknown risks, the landlord need worry less about the unknown, insurable risks and is more assured that the tenant can and will pay its rents through the end of the term. To this extent, insurance can be a credit enhancement... Read more
Our show, “Are Your Leases Really Covered by Insurance Clauses” is a perfect example of too much available information and too little time to present it. Whatever you hear or learn from this radio show, there are a couple of undisputed points that I believe that you should get out of the show: do not assume that a Certificate of Insurance from the tenant is evidence that the tenant has or is providing the insurance the lease requires. As a matter of fact, assume just the opposite. Read more
I knew something was wrong the moment I walked in the door.I had just stopped in to check on a job recently for a new client, when a burning chemical smell assaulted my senses. After checking on our technicians to make sure they were OK, it didn’t take me long to trace the source of the harsh fumes. Not far from our team, a worker from another company was stripping and waxing our client’s floor.My first thought was there must be a mistake. Our client prioritized using environmentally friendly alternatives at their facility and the service truck in the parking lot was from an “Eco” branded company. So I checked out the chemicals this “green” company was using and I quickly found the answer: greenwashing. Read more
- Apr. 23, 2013
- by Michael Gottlieb
- Comments
Just read an interesting article by Andrew Hupert on the 3 Things You Need to Know When Negotiating with the Chinese Businessman. What caught my interest was how cultural differences impact negotiations. Mr. Hupert states: US-Chinese deals often start from slightly different places, but often end in very different dimensions. Americans want to wrap things... Read more
It appears that McDonalds is experimenting with a large, interactive billboard in a very public space where people can, without downloading an app, play pong in front of a crowd to win prizes, such as fries, burgers, shakes, etc. to drive traffic to their restaurant. Read more
Transparency hasn’t always come easy to real estate. Despite the efficiency and liquidity advantages that transparency brings to the marketplace, real estate continues to cling to its private roots when it comes to revealing details about individual assets. The same applies to the world of real estate sustainability. Despite all those plaques on the front... Read more
- Feb. 28, 2013
- by Michael Gottlieb
- Comments
Much thanks to Stephen E. O’Day, Andy Thompson and Phillip Hoover at the law firm of Smith, Gambrell & Russell, LLP for bringing this new EPA Guidance to the light of day. It seems that the EPA has issued a new guidance to broaden protections of tenants even if the site owner does not qualify for protection as a Bona... Read more
Under the category of "you can teach teach old dogs new tricks," Jeff Reichard of the law firm of Nexsen Preut describes the 10 Things that You Should Know about Architectural Copyright law. I didn't even know that such a law existed, but it does. Did you know constructing a substantially similar building, without the permission of the architect, may infringe on the copyright owner's rights? To me, this begs the question... Read more
Frankly, the only thing that is clear about leasing to a tenant intending to use premises for the sale or cultivation of marijuana, is that nothing is clear on this issue and that a landlord should think twice about signing a lease or accepting rent from a tenant who intends to or is using the leased premises for the cultivation, sale or use of marijuana. Read more