Hughes Marino’s Post

Landlords with tenants in financial difficulty may want to consider a restructuring of lease obligations rather than risk losing a client’s assets to bankruptcy and therefore receiving little or no damages for unpaid rent.  Many factors influence a landlord’s decision to modify the terms of a lease for a financially unstable tenant. Laura Kaplan shares a few common approaches for lease restructuring in our latest DE Insight https://lnkd.in/euK2tdhX

Sale leasebacks can be very attracitve, especially in today’s challenging economic environment. Many corporate owner-occupiers have found it more cost effective to monetize their real estate and deploy the capital back into their respective businesses vs. traditional financing at high interest rates, If you're a corporate owner-occupier, let's chat! Thank you Boston Real Estate Times for the feature.

Most small business owners don't understand that you should never contact the landlord directly, that's exactly what landlord's want to achieve through their "for lease" sign. See, landlord's know that you (like most small business owners) probably don't have much experience negotiating commercial leases, and they also know you need to lease a space. This puts you (the tenant) at a huge disadvantage. Always call your broker (tenant rep) first, and have him/her contact the landlord on your behalf to inquire on the property. https://lnkd.in/gxfD6Fuk Real. Results. #retailleasing #tenantrep #tenantrepresentation #landlordrep #landlordrepresentation #investmentsales #smallbusiness #smallbusinessowner RESOLUT RE

Landlords with tenants in financial difficulty may want to consider a restructuring of lease obligations rather than risk losing a client’s assets to bankruptcy and therefore receiving little or no damages for unpaid rent. If that’s something you want to consider, this DE Insight written by our Laura Kaplan outlines the value for restructuring. #commercialrealestate #residentialrealesate #realestateinvestor #realestateinvesting #tenantmanagement #DEinsights https://lnkd.in/ekiamx6v

LeasingMinute Earlier today I was speaking with one of my partners about an issue that one of the Firm's clients is dealing with on their office lease. And the ensuing conversation ended up 180 degrees from where it started. What did I initially go in to speak with my partner about? I am going to save that discussion for a LeasingMinute post down the road. But the reason I am highlighting the impromptu conversation with my partner is that this is one of the great benefits of being in the office. Conversations can, and do, go in tangents more organically in person. My partner brought to mind a case from about 13 years ago to drive home the point that strict contract construction can be trumped by equitable considerations. I think this gets overlooked sometimes with dealing with legal issues. The case was Daffy's vs. 135 East 57th Street. In the case, Daffy had an option to renew the lease but failed to send the renewal notice within the requisite time period. The renewal notice was late by 4 days. The general rule is that if a contract requires notice to be given within a certain time frame, the notice is ineffective when not given within that time frame. The exception to the above rule may be considered on grounds of equity alone. The court concluded that though the notice to exercise the renewal option was late, equity (that is, notion of fairness) must intervene to protect against "forfeiture of the substantial and valuable asset of the Daffy's goodwill". And this saved the renewal option. Remember that considerations of equity are always fact specific. Unfortunately, even equity cannot prevent a retailer from going bankrupt. Daffy's declared bankruptcy a few months after the case was decided. #retailrealestate #leasing #newyorkrealestate

📊 2023 witnessed a surge in company insolvencies, the highest since 1993. In her commentary Katherine Campbell discusses how landlords are adapting to these challenges and how proactive communication is key for both landlords and tenants in navigating these tough times. 👇 Click below to read more. #BusinessInsights #InsolvencyTrends #RealEstate #Communicationiskey #realestatelitigation https://lnkd.in/eCgJikau

When signing a commercial lease, you never want to leave any room for error. Unfortunately for the corporate tenant, there are many potential pitfalls in the pages of an 80+ leasing document. How do you avoid error when it seems budgetary dangers are lurking around every corner? There is no simple answer, but the solution lies in awareness. Knowing how and what to be prepared for will limit the possibility that you can get taken advantage of. #CRE #Leasing #Leases #Clauses #TenantRep #TenantTips #CorporateRealEstate https://hubs.li/Q02n_qv70

When signing a commercial lease, you never want to leave any room for error. Unfortunately for the corporate tenant, there are many potential pitfalls in the pages of an 80+ leasing document. How do you avoid error when it seems budgetary dangers are lurking around every corner? There is no simple answer, but the solution lies in awareness. Knowing how and what to be prepared for will limit the possibility that you can get taken advantage of. #CRE #Leasing #Leases #Clauses #TenantRep #TenantTips #CorporateRealEstate https://hubs.li/Q02gbtRN0

When signing a commercial lease, you never want to leave any room for error. Unfortunately for the corporate tenant, there are many potential pitfalls in the pages of an 80+ leasing document. How do you avoid error when it seems budgetary dangers are lurking around every corner? There is no simple answer, but the solution lies in awareness. Knowing how and what to be prepared for will limit the possibility that you can get taken advantage of. #CRE #Leasing #Leases #Clauses #TenantRep #TenantTips #CorporateRealEstate https://hubs.li/Q02lkTCt0

When signing a commercial lease, you never want to leave any room for error. Unfortunately for the corporate tenant, there are many potential pitfalls in the pages of an 80+ leasing document. How do you avoid error when it seems budgetary dangers are lurking around every corner? There is no simple answer, but the solution lies in awareness. Knowing how and what to be prepared for will limit the possibility that you can get taken advantage of. #CRE #Leasing #Leases #Clauses #TenantRep #TenantTips #CorporateRealEstate https://hubs.li/Q02mVZ_l0