Morrison & Foerster’s Real Estate Group has a substantial national leasing practice, representing both landlords and tenants in all types of leasing transactions, including space leases, subleases, ground leases, sale-leasebacks, and other lease financings, build to suit projects, and lease disputes. We have represented owners and users of space in lease negotiations involving millions of square feet of office, retail, industrial, and other commercial space in urban and suburban areas across the United States. We also advise clients who own and operate income-producing real estate assets in documenting their asset management and property management arrangements.
Our real estate attorneys are particularly active in structuring and negotiating lease-equity deals and developing other innovative approaches to lease transactions. We are fully familiar with the key economic elements of lease transactions, including base and additional rent issues, rent adjustments and tenant concessions, options to expand and renew, tenant improvement construction issues, assignment and subletting rights, telecommunications and other building services, and special complexities involved in multi-tenant, mixed-use projects. In addition to negotiating specific transactions, we are regularly engaged to review or prepare lease forms, and we routinely assist clients with other lease-related documents, such as brokerage and leasing agreements.
In advising our clients regarding leasing matters, we frequently draw upon the expertise of attorneys in other practice areas critical to landlords, tenants and asset managers. Our tax attorneys regularly advise landlords and tenants in connection with tax planning and lease structuring issues. Our litigation attorneys are available to assist with unlawful detainer actions, as well as lease and other contractual disputes. Our bankruptcy lawyers provide advice in connection with landlord and tenant bankruptcy proceedings. Our land use and environmental attorneys work with us in addressing environmental and land use issues surrounding leased premises and allocation of environmental risks.