CHAPTER 1 Commercial Lease Fundamentals

• Jurisdiction: United States
• Publication year: 2022

CHAPTER 1 Commercial Lease Fundamentals

Chapter Contents

§ 1.01 Evolution of the Modern Commercial Lease—Emergence of the "Killer Lease"

[1] The Past and Today

[2] Looking to the Future—Trends Impacting Commercial Leasing

[a] A Traditional Lease vs. Alternative Occupancy Arrangements—Issues to Consider

[i] The Traditional Commercial Lease
[ii] Alternative Occupancy Arrangements

[A] A Disruptive Force
[B] Drivers of Growth in Coworking and Other Shared Space Arrangements

[b] Artificial Intelligence, Virtual Reality and Augmented Reality

[i] VR vs. AR
[ii] Utilizing the Technologies
[iii] Impact on Real Estate Deals

[A] For Lenders
[B] For Development and Construction
[C] For Brokers

[iv] The Impact on Commercial Leasing

[A] Layouts
[B] Making Expansion Easier

[c] Pop Up Leasing

[i] Pop Up Leases—What They Are and How They Work
[ii] Documenting the Pop Up Lease

[d] Legalization of Marijuana: The Implications for Commercial Real Estate

[i] Impact on Rents
[ii] Federal Law vs. State Law
[iii] Other Issues Presented by Marijuana for Landlords and Tenants

[e] Blockchain, Cryptocurrencies, Digitization and Records Retention

[i] Introduction
[ii] Tokenization
[iii] Blockchain Uses and Benefits
[iv] Legal and Regulatory Considerations
[v] Smart Contracts

[f] The Changing World of Commercial Real Estate

[i] Adaptive Repurposing
[ii] Building Communities

[g] Looking to the Future

[i] In General
[ii] COVID-19's Ongoing Impact of the World of Commercial Real Estate

[A] Rent Accommodation Deals
[B] Dealing with Lenders
[C] When dealing with lenders

[I] The Lenders' Perspective

[D] Dealing with Executive Orders

[I] Force Majeure

[E] Stringent Cleaning Requirements
[F] Access Screening and Testing Requirements
[G] HV AC Systems Upgrades
[H] Flexible Space
[I] Conclusion

§ 1.02 What Is a Lease?

[1] Leasing vs. Owning

[2] Lease vs. License

[3] Necessity of a Writing

[4] Elements Required for Enforceability

[5] Can Electronic Communications Satisfy the Writing Requirement Under the Statute of Frauds?

[a] Electronic Transactions Statutes
[b] Statute of Frauds and Court Decisions
[c] What Do UETA and E-Sign

...