Benjamin CadranelJul 29, 20203 minFrustration of Purpose, Impossibility, and the Pandemic's Effect on Commercial Real Estate LeasesWith a recent Wall Street Journal report estimating that more than 20% of small businesses will be shuttering throughout this pandemic,...
Kevin ClevelandMay 22, 20194 minTrue 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 ClevelandFeb 8, 20192 minThe Implied Covenant of Good Faith and Fair DealingThe landlord and tenant relationship should be based on the idea that both parties want to profit and succeed. In fact, the California...
Kevin ClevelandDec 14, 20185 minTrue 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 ClevelandSep 21, 20185 minTrue 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 ClevelandAug 24, 20182 minRecapture Provisions and Repurchase OptionsLarger retail projects are developed with anchor tenants or big boxes in mind. Assume for the moment that you have plans for a grocery...
Kevin ClevelandJun 29, 20184 minTrue 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 ClevelandJun 1, 20182 minWhat 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 ClevelandApr 6, 20183 minTrue 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 ClevelandMar 9, 20182 minWaterfront Property and the Public Trust DoctrineMany people I know dream of owning that waterfront property that benefits from a beautiful sunset over the ocean, lake or river. In...
Kevin ClevelandJan 12, 20185 minTrue 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 ClevelandDec 15, 20173 minTHE HELPFUL CLIENTClients always hope that the attorney will document the deal perfectly and provide full and absolute protection. Unfortunately, clients...
Kevin ClevelandSep 22, 20172 minA Physical Approach to LeasingFor 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 ClevelandJun 16, 20175 minTrue Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When NegotiatPart III: The Letter of Intent. A letter of intent (“LOI”) is generally considered a nonbinding acknowledgement between the parties that...
Kevin ClevelandJun 15, 20176 minTrue Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When NegotiatPart 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 ClevelandJun 14, 20173 minTrue Confessions of a Landlord Counsel: What a Commercial Tenant Needs to Know When Negotiating a LePart I: The Premise: Commercial Tenants Do Not Negotiate Their Best Deal. After over 30 years of negotiating leases representing both...
Kevin ClevelandMay 11, 20161 minSenate Bill 269Disability access is an issue that challenges many small businesses, especially when aggressive lawyers have developed practices around...
Kevin Cleveland and Hannah Moon Mar 26 2 min Temporary COBRA Premium Subsidy and Payroll Tax Credit In addition to tax credits for voluntary FFCRA compliance, which we discussed in our earlier article (HERE), the American Rescue Plan Act...
Kevin Cleveland Mar 24 1 min Supplemental COVID Sick Leave Update In follow-up to our last post on CA Supplemental COVID Sick Leave (SEE HERE), this is a reminder that such leave is mandatory for all...
