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Lease Provisions that Should be Re-Evaluated in a Post-COVID World - Part II [Lowndes Leasing Lawyers]

September 28, 2020

In part two of this two-part series, attorneys Andrew Gluck and Nicole Cuccaro discuss additional post-COVID lease considerations, including maintenance obligations, assignment and subletting, insurance coverage and lease security.


In Part I of this series, we discussed how COVID-19 had impacted almost every provision of a commercial lease, including the covenant of quiet enjoyment, continuous use provisions and force majeure clauses, among others.

In Part II, we continue our review of standard lease provisions and arrangements that should be reconsidered in light of the pandemic’s lasting effect.

Maintenance Obligations

As businesses around the world attempt a return to normalcy, it’s become clear that changes in our standard infrastructure will be needed. In the leasing context, landlords and tenants now need to consider and negotiate new building services in response to the pandemic. For instance, landlord and tenants will both have an incentive to make HVAC upgrades to improve ventilation, increase cleaning and janitorial services, add screening procedures and security, and modify elevators and common areas to allow for social distancing. [...]

This is an excerpt from a blog post originally written on Lowndes Leasing Lawyers. To read the entire post, click here.


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Andrew

Andrew Gluck focuses on real estate transactions, development, finance and commercial leasing work in the retail industry, among others.


Andrew provides technical and practical advice to clients in connection with the acquisition, sale and leasing of commercial real estate of all types, including vacant land, shopping centers, entertainment complexes, office buildings, restaurants, hotels, and other retail projects. He assists clients in negotiating contracts for purchase and sale, performing due diligence, negotiating transfer documents and finalizing the closing of transactions.

Andrew has worked on several notable projects, including the acquisition and leasing of a 178-site restaurant portfolio with a purchase price in excess of $245,000,000.00, the acquisition of a four hotel portfolio with a purchase price in excess of $80,000,000.00 and the acquisition and leasing of a 143-site retail portfolio with a purchase price of $240,000,000.00, just to name a few.

As an Ohio native, Andrew has made his home in Orlando since 2007. He is married and resides with his wife and two children in Longwood.

Nicole

Nicole Cuccaro focuses her practice on real estate transactions, real estate development and commercial leasing.


Nicole's practice includes the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries. Before she began her career in real estate law, her practice was focused on commercial and corporate litigation where she regularly represented lenders and business entities.

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