Landlord and Tenant Representation

Our Real Estate attorneys have represented tenants and landlords in a host of matters related to leasing commercial space.

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Successfully Representing a Wide Variety of Clients

Leasing commercial space can present unique scenarios depending on the needs of a tenant or landlord. The Real Estate attorneys at Phillips Lytle have represented tenants and landlords in a host of matters related to leasing commercial space and other related commercial real estate transactions. Whether providing tenant or landlord representation, our Real Estate Team possesses the skills to serve our clients in a wide variety of industries.

Representation by Phillips Lytle has included urban and suburban office and retail properties. We have assisted in the leasing process with numerous mixed-use properties throughout the United States and Canada, including specialized property usage such as data centers, energy generation and manufacturing facilities, utility infrastructures, shopping centers, hotels, armored truck and cash handling terminals, museums, precious metals and art storage facilities.

Phillips Lytle’s attorneys have also provided assistance on both sides of a real estate transaction in the health care industry. This has included health care facilities such as hospitals, ambulatory surgical centers, clinics, assisted living homes, research, university and other medical projects.

Additionally, our attorneys have represented landlords and tenants in connection with the repositioning of properties, including subletting, assignments, early terminations of leases, alternative rent restructurings and sales of leaseholds.

Commercial Leasing Guidance

Our attorneys have represented landlords in the leasing and subleasing of mixed-use office/retail centers and industrial properties, as well as initial lease-up of multi-tenant new construction office buildings throughout the east coast.

In addition to traditional landlord representation and providing legal counsel to tenants, the attorneys at Phillips Lytle also have experience assisting clients in the establishment of policies and procedures related to commercial leases and other real estate transactions. This includes:
  • Creation of standard forms of leases and lease abstracts
  • Establishment of procedures for review and processing of leases
  • Insurance coverage, environmental reviews and risk management issues
  • Implementation of real estate tracking software
  • Establishment of standardized leasing requirements on key issues

Our Real Estate attorneys have also trained and guided in-house real estate personnel with respect to routine transactions such as estoppel requests, non-disturbance agreements, storage agreements and temporary licenses.

Other real estate transaction work includes working with in-house construction departments and project managers, as well as outside consultants, with respect to:
  • Architectural agreements
  • General contractor and subcontractor agreements
  • Allocation of build-out responsibility
  • Land use, permitting and zoning approvals
  • Overseas fabrication of point-of-purchase and sign fixtures
Landlord representation also includes representation of public and privately held organizations in commercial real estate transactions. This includes, but is not limited to:
  • Consents of overlandlords and lenders to assignments of leaseholds and transfers of properties in connection with corporate mergers and acquisitions
  • Environmental due diligence, compliance and remediation programs
  • Sales of real estate portfolios
  • Closing of conventional and IDA-assisted financing to build-out and equip leased space

Other Commercial Leasing Assistance

  • Landlord representation in connection with the bankruptcies of tenants.
  • Tenant representation in connection with issues related to landlord bankruptcies, including enforcement of pre-petition obligations of landlord and analysis of options and strategies for going forward.
  • Landlord and tenant representation in connection with the ground leasing of environmentally distressed properties. Our work includes issues involving compliance with federal and state environmental laws, abatement of underground storage tanks (USTs), ground water and soil contaminants.
  • Landlord and tenant representation in connection with zoning, building department and landmark issues.
  • Landlord representation in connection with site preparation issues, including site-compaction, curb-cuts, utility issues and regulatory matters.
  • Representation of clients in domestic and offshore letting of space for permanent high-density occupancy locations and subletting of substantial spaces for short-term (three to six months) seasonal projects requiring a large number of personnel, communications and technology availability, permitting, build-out and other related issues.
  • Representation of private developer/landlord and physician clients on build/rehab-to-suit buildings for university, hospital, computing center, ambulatory surgery center, imaging center, medical office and similar properties.

Real Estate Dispute Resolution Services

In the event a dispute arises in the landlord-tenant relationship, our attorneys are well versed in the different aspects of a real estate transaction and the commercial leasing process needed to properly represent our clients. Our dispute resolution experience includes:

  • Rent escalations
  • Gross sales audits
  • Common Area Maintenance (CAM) audits
  • Construction disputes, including mechanics liens, warranty claims and construction delays
  • Additional rent and other charges
  • Zoning and licensing issues
  • Default notices and the responses to default notices
  • “Yellowstone” injunctions
  • Allocation of environmental remediation responsibility
  • Consents
  • Rent arbitrations

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