Our clients own, manage, and develop a wide range of properties, from neighborhood centers, to lifestyle centers, to super-regional malls. This has given us a great deal of experience handling the array of legal issues they confront.
Lease litigation and unlawful detainers
We litigate breach of lease and declaratory relief actions involving all types of obligations, including:
- Rent and additional charges
- Security deposits
- Common area maintenance obligations
- Exclusivity and use rights
- Fraud and rescission claims
- Holdover tenants
- Lease extensions and purchase options
- Audit rights
- Tenant improvements and other construction disputes
- Co-tenancy obligations
- The Americans with Disabilities Act
Additionally, with extensive experience in unlawful detainer actions, we understand the importance of obtaining possession quickly when tenants default.
Acquisition, sales, financing, and leasing
We handle all aspects of commercial leasing, from negotiation through drafting and execution. We negotiate and draft letters of intent, purchase and sale agreements, purchase money loans, construction loans, and other institutional lending arrangements. We assist with property inspections, title, and other due diligence, while our tax experience includes handling reassessment issues, tax-free exchanges, and other tax-driven transactions.
ADA and First Amendment access issues
Professional plaintiffs file ADA lawsuits daily that target shopping centers, and owners confront problems caused by solicitors at their centers. We advise shopping centers on ADA compliance, and have successfully defended numerous disability access claims. We also advise clients on First Amendment access issues, and develop access rules and regulations to allow owners reasonable control over the use of their properties.
Creditor’s rights and tenant bankruptcies
We represent commercial creditors, real estate owners, and real estate managers in bankruptcy cases, nationwide. We provide strategic advice and advocacy when our clients encounter opposing parties in financial distress or insolvency proceedings. This includes:
- Cases under Chapters 7, 11, and 13 of the Bankruptcy Code
- State court proceedings after an assignment for the benefit of creditors
- Protection of rights to enforce lease obligations
- Recovery of post-petition rent
- Regaining possession
- Obtaining maximum recovery when a lease is rejected
Construction contracts and litigation
We represent owners in negotiating and preparing construction contracts, surety bonds, and construction financing documents. Our experience includes:
- Mechanic’s lien litigation
- Impact and delay claims from new construction
- Project management and construction defect disputes
- Claims concerning tenant improvements and mall expansions
Land use and development
Our attorneys are deeply involved in their local communities, and we use that regional perspective to fashion pragmatic win-win solutions to development challenges. We obtain entitlements and other regulatory approvals, and have experience in NEPA /CEQA compliance, general plan, zoning and map approvals, and development agreements for mixed-use projects.
We coordinate environmental due diligence efforts and handle investigation and remediation of contamination caused by tenants that releases hazardous substances, including dry cleaners and gas stations. We also work with consultants and regulators to maximize accessibility during cleanups, and provide comprehensive services for acquisition and development of "brownfield" properties. Additionally, we advise on common landlord-tenant issues involving:
- Lead-based paint
- Mold contamination
- Statutory notification requirements
- Abatement requirements