Joshua Stein's Website: Space Leases

Joshua Stein's Website

Joshua Stein

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joshua@joshuastein.com
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Space Leases 18 Articles and Other Items Found	Click Here for Some of Joshua Stein's Completed Matters (Space Leases)
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Judge Posner Cites Joshua Stein Article on SNDAs [2010]
In a June 2010 decision, Judge Posner of the Seventh Circuit discussed subordination, nondisturbance, and attornment agreements. The case is notable for at least two reasons. First, almost no cases ever discuss SNDAs. Second, Judge Posner cited one of Joshua Stein's articles about SNDAs. Click anywhere on this paragraph to read the decision.

Exit Strategies for Commercial Leases [2010]
Joshua Stein will chair a discussion on exit strategies for commercial leases, as part of the New York State Bar Association's advanced seminar on commercial leasing to be held September 13, 2010, in New York City. Click to see the program brochure.

Assignment and Subletting Restrictions in Leases and What They Mean in the Real World [2009]
Most space leases limit the tenant's ability to assign or sublet. In interpreting those limitations, certain questions arise and again. This article identifies those questions and explores the answers.

Model Standby Letter of Credit and Commentary [2009]
Discussion of the issues that arise whenever a landlord (or other creditor) accepts a standby letter of credit to back an obligation. Includes a sample standby letter of credit (and possible alternative clauses) for use in transactions.

Update on Bankruptcy Law of Large Letters of Credit for Leases [2009]
Landlords sometimes accept large letters of credit in place of security deposits. That structure can create issues if the tenant becomes subject to a bankruptcy proceeding. This article explores those issues and suggests how landlords can mitigate them.

NY Law Requires Owners to Disclose Air Contamination Reports [2009]
If a property owner learns about certain environmental contamination on the property, the owner may need to notify tenants of the building. Larry Schnapf and Joshua Stein explained the new legislation in this article.

Landlord's Checklist of Silent Lease Issues (Second Edition) [2008]
This checklist started out as an effort to identify issues that "older" leases might overlook, and that a landlord might want to include in the course of updating such leases. The checklist grew to cover lease negotiations more generally, from the landlord's perspective.

Are You Overlooking Traps in Your Deals? (Interview with Joshua Stein) [2006]
In an interview with the National Association of Realtors, Joshua Stein discussed some problem areas in purchase and sale transactions, including surprises that can lurk in leases.

A Checklist for Giving Legally Effective Notices [2005]
When a transaction is heading for trouble, one of the first steps will often involve giving a notice of default (or some other notice). This article explains how to do it right.

A Wish List for New York Real Estate Law [2005]
A dozen easy ways to improve and simplify New York real estate law, primarily for lending and leasing.

The Implied Covenant of Good Faith and Fair Dealing in Optionland [2005]
If one party to a lease totally misunderstands the lease, and might lose valuable rights as a result, the other party might have an obligation to help out.

How a Lender Looks at a Lease [2004]
This chapter from Joshua Stein's two-volume Commercial Leasing book explains how lenders and their counsel review space leases. What do they care about in leases, and why?

Tenant's Checklist of Silent Lease Issues (Second Edition) [2003]
This checklist helps tenant's counsel identify issues to raise "proactively," as opposed to just "reactively" in response to a landlord's draft lease.

Needless Disturbances - Do Nondisturbance Agreements Justify All The Time and Trouble? [2003]
A critical analysis of how nondisturbance agreements work and some possibly simpler ways to deal with the same issues.

Perils of Subtenancy and a Roadmap for Recourse When the Sublandlord Defaults [2002]
Subleases can create subtle risks for subtenants. This article explains those risks and some legal theories that might help mitigate them, with some unexpected implications for nonrecourse financing

Best Strategies for Extricating a Company From Its Long Term Lease Obligations [2001]
Here are the options, strategies, and tactics that any commercial tenant should consider if it wants to gracefully exit a lease that no longer makes sense.

Good Guy Guaranties for Leases [1995]
In a letter to Crain's New York Business, Joshua Stein summarized how "good guy guaranties" work for leases, and why landlords ask for them.

Tough Times Teach Tenants Tough Lessons [1992]
A few lease clauses that can produce particularly unpleasant surprises for commercial tenants that aren't paying enough attention.