Commercial, Retail & Industrial Real Estate

A recent Appellate Division decision highlights the risks faced by commercial landlords who do not retain proper counsel to protect their interests. In Jung v. Fred’s Bagels LLC, the Appellate Division affirmed the trial court’s dismissal of a landlord’s complaint for possession of leased commercial space.

Continue Reading Proper Representation is Worth the Dough: Jung v. Fred’s Bagels LLC

The federal government is expected to pass a large infrastructure spending bill in 2021 to fund road and bridge improvement projects. Retail property owners need to keep a careful eye on the construction plans for these projects since they often involve modifying highway access and installing sidewalks. These design changes can have an impact on a retail site.

Continue Reading Infrastructure Spending’s Impact on Retail and Commercial Sites

Courts in the tri-state area are reopening, and eviction trials are proceeding in-person and virtually. A remote eviction trial makes it easier for a landlord to get before a Judge and reclaim their property; however, don’t forget that you are “in court.” Here are a few things that retail and commercial property owners may want to consider when preparing for and attending virtual eviction trials.

Continue Reading Remote Eviction Trials – Tips and Pitfalls for Retail and Commercial Property Owners

As towns and municipalities scrambled to meet the August 22nd deadline to regulate or prohibit marijuana establishments within their borders, a few noticeable trends emerged. As expected, many townships, including Freehold, Morristown, Franklin Lakes, Cherry Hill, Asbury Park, Haddonfield, and Ocean City, prohibited any and all marijuana businesses and operations outright. Others such as Newark, Egg Harbor Township, Hackensack, Fort Lee, Saddle Brook, Cinnaminson, Mount Holly, Collingswood, Bridgeton, Bloomfield, Woodbury, Jersey City, Lambertville, New Brunswick, Red Bank, Rockaway, Rahway, Elizabeth, and Hackettstown have opted to allow marijuana businesses.

Continue Reading Metes & Bounds: What Are the Typical Zoning Conditions and Restrictions Enacted by Municipalities Allowing Cannabis Operations in Their Towns?

The road for the last year and a half has been bumpy, to say the least. The Pandemic, the election, and the supply chain have been challenging. Yet, despite these challenges, the shopping center industry continues to grow. Demand for retail space is surging back to pre-Pandemic levels. Tenants have generally stayed current with rents, working out agreements for abatements and deferrals. Further, despite a record number of bankruptcies in 2020, retail bankruptcy filings have been virtually silent in 2021. With vaccinations slowly inching upward, it appears that life is starting to get back to a new sense of normal (although with a mask in your back pocket).

Continue Reading The Road Ahead – Four (4) “Mile Markers” to Watch in the Year Ahead

On July 14, 2020, the Supreme Court of New Jersey issued an order authorizing several steps to support the resumption of landlord/tenant cases during the COVID-19 crisis. As discussed in another blog of mine, although there were limited circumstances to evict a commercial tenant, it was a difficult and timely process and, in most circumstances, the proofs needed to proceed were not present.

Continue Reading COVID-19 Procedural Hurdles Eased to Evict Commercial Tenants in New Jersey

On February 5, 2021, Governor Murphy signed legislation expanding outdoor dining opportunities for breweries, distilleries, restaurants, and bars in New Jersey during the ongoing COVID-19 pandemic.

The bill (S3340) provides a framework for municipalities to allow restaurants, bars, distilleries, and breweries to operate outdoor spaces or public sidewalks as extensions of their business premises. This is a step many municipalities across the state have already taken since the Governor authorized outdoor dining in June 2020.

Continue Reading New Jersey Expands Outdoor Dining Opportunities for Breweries, Distilleries and Restaurants

On July 14, 2020, the Supreme Court of New Jersey issued an order authorizing several steps to support the resumption of landlord/tenant cases during the COVID-19 crisis. The good news is that the procedures allow for resumption of adjudication. The bad news is that there still could be a delay/lag in getting a tenant out. The following is a brief discussion and some practical pointers for commercial landlords.

Continue Reading COVID-19 Brings New Procedural Hurdles to Evict Commercial Tenants in New Jersey

While county recording offices are shutting down or limiting access across New Jersey, parties to real estate and loan transactions are wondering the impact the shut downs will have on the transaction. While this is a fluid situation that is changing daily, or even hourly, the facilitators of closings, including attorneys, title companies, and lenders are making every effort to see that transactions are not delayed.

Continue Reading Impact of Coronavirus on Commercial Real Estate Transactions – Remote Notarization and County Recording Office Closures

ICSC’s RECon 2019 in Las Vegas provided a very good vibe for new deals and excitement not seen since before 2007. Unofficial statistics noted that attendance was up, likely above 37,000 with more than 12,000 exhibitors. Low interest rates, heightened consumer demand and an overall positive national economic outlook provided the backdrop for the increased optimism. Here are a few take-aways from this year’s show.

Continue Reading ICSC RECon 2019 Wrap-Up