Real Estate/Development
Jan. 24, 2015
First impression: cotenancy clauses
In a recent decision, the 5th District Court of Appeal addressing for the first time the enforceability of cotenancy clauses in commercial leases. By Denis F. Shanagher and Andrew S. Azarmi
Where a sophisticated shopping center owner negotiates a lease with a powerful retailer, is it possible that one or more portions of a cotenancy provision can nevertheless be declared unenforceable? In a recent decision, Grand Prospect Partners LP v. Ross Dress for Less Inc., 2015 DJDAR 409 (Jan. 12, 2015) (certified for publication), addressing for the first time the enforceability of cotenancy clauses in commer...
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