By: Hollander Real Estate Law

Signage is often treated as a secondary issue during lease negotiations, addressed late in the process or deferred to an exhibit that receives little scrutiny. For many commercial tenants, however, sign rights are a core business concern. Visibility, branding, and...

Tenant improvement provisions are often among the most heavily negotiated sections of a commercial lease. For many tenants, the ability to customize a space to meet operational needs is critical. For landlords, controlling the scope, cost, timing, and quality of that...

Purchase and sale agreements for commercial real estate allocate risk between the buyer and seller through a combination of representations, covenants, conditions precedent, and termination rights. One area where this risk allocation often becomes particularly...

Access and inspection rights are a core component of any commercial real estate purchase agreement. While often grouped under the heading of “due diligence,” these provisions do far more than simply grant a buyer the right to walk the property. They allocate risk,...

Even well-negotiated commercial leases can encounter friction at the end of the lease term. One recurring issue is tenant holdover—when a tenant remains in possession of the premises after lease expiration without a new agreement in place. For landlords, holdover...

Battery Energy Storage System (“BESS”) leases in Massachusetts are long-term infrastructure agreements that can encumber land for decades. While zoning, safety, and environmental issues often dominate early discussions, the economic structure of the lease and the...

Battery Energy Storage System (“BESS”) projects present a distinct set of safety, environmental, and operational risks that are materially different from those found in traditional commercial ground leases. In Massachusetts, these risks are further shaped by evolving...

Battery Energy Storage System (“BESS”) projects are increasingly proposed on industrial, commercial, and underutilized land throughout Massachusetts. For landowners, these projects can present a long-term income opportunity—but they also raise land use, zoning, and...

Commercial leases frequently include multiple provisions designed to allocate risk and limit potential exposure between landlords and tenants. One of the most common—and often misunderstood—of these provisions is the waiver of consequential damages. Standing alone, a...

Commercial leases frequently include provisions requiring a tenant to provide financial information to the landlord upon request. These financial disclosure obligations serve as a critical tool for landlords to assess the ongoing financial health of tenants and any...