Commercial Real Estate

Frustration of Purpose, Impossibility, and the Pandemic's Effect on Commercial Real Estate Leases

With a recent Wall Street Journal report estimating that more than 20% of small businesses will be shuttering throughout this pandemic,...

Kevin Cleveland

Jul 29, 20203 min read

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True Confessions of a Landlord’s Counsel: Designing and Planning the Tenant Space (Part 9)

Part 9: A tenant’s first task in planning the build out of its premises is identifying its team. This team can consist of one or a...

Kevin Cleveland

May 22, 20194 min read

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The Implied Covenant of Good Faith and Fair Dealing

The landlord and tenant relationship should be based on the idea that both parties want to profit and succeed. In fact, the California...

Kevin Cleveland

Feb 8, 20192 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a

Part 8: Building Out the Tenant’s Space. Though it is not uncommon to have “turn-key” situations when leasing commercial space (i.e.,...

Kevin Cleveland

Dec 14, 20185 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a

Part 7: Additional Rent – Common Area Maintenance Costs. Common Area Maintenance costs (generally known as “CAM”), should be one of the...

Kevin Cleveland

Sep 21, 20185 min read

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Recapture Provisions and Repurchase Options

Larger retail projects are developed with anchor tenants or big boxes in mind. Assume for the moment that you have plans for a grocery...

Kevin Cleveland

Aug 24, 20182 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a

Part 6: Additional Rent – Insurance. Insurance is one of the three major categories of Additional Rent in commercial leases which are...

Kevin Cleveland

Jun 29, 20184 min read

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What is a Retail Center?

During my career as a commercial real estate attorney, I have been amazed at the changes that have happened in the shopping center...

Kevin Cleveland

Jun 1, 20182 min read

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True Confessions of a Landlord’S Counsel: What a Commercial Tenant Needs to Know When Negotiating a

Part 5: Additional Rent – Taxes. Substantially all the amounts that make up “Additional Rent” fall into three major categories: Taxes,...

Kevin Cleveland

Apr 6, 20183 min read

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Waterfront Property and the Public Trust Doctrine

Many people I know dream of owning that waterfront property that benefits from a beautiful sunset over the ocean, lake or river. In...

Kevin Cleveland

Mar 8, 20182 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a

Part 4: Additional Rent. Additional Rent is a collection of all the various costs of operating a building and its surrounding property...

Kevin Cleveland

Jan 12, 20185 min read

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THE HELPFUL CLIENT

Clients always hope that the attorney will document the deal perfectly and provide full and absolute protection. Unfortunately, clients...

Kevin Cleveland

Dec 15, 20173 min read

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A Physical Approach to Leasing

For someone excited about opening a new business, he or she may want to stop and consider the hidden costs of leasing that do not appear...

Kevin Cleveland

Sep 22, 20172 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiat

Part III: The Letter of Intent. A letter of intent (“LOI”) is generally considered a nonbinding acknowledgement between the parties that...

Kevin Cleveland

Jun 16, 20175 min read

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True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiat

Part II: It Starts With A Good Team: Do’s and Don’ts of Picking Brokers and Attorneys. If you need new space for your business and know...

Kevin Cleveland

Jun 15, 20176 min read

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True Confessions of a Landlord Counsel: What a Commercial Tenant Needs to Know When Negotiating a Le

Part I: The Premise: Commercial Tenants Do Not Negotiate Their Best Deal. After over 30 years of negotiating leases representing both...

Kevin Cleveland

Jun 14, 20173 min read

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Senate Bill 269

Disability access is an issue that challenges many small businesses, especially when aggressive lawyers have developed practices around...

Kevin Cleveland

May 11, 20161 min read

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Significant Change to Unionization

As a warning to all employers, a recent decision by the National Labor Relations Board has changed what an employer must do if presented...

Kevin Cleveland

Nov 7, 20232 min read

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California's New Employment Bills: What You Need to Know

As is becoming all too common, the end of the legislative year has resulted in a significant number of new laws being passed which affect...

Kevin Cleveland and Sydney Davenport

Nov 3, 20235 min read

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