Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants

Negotiating and Drafting Cost-Effective and Environmentally Friendly Lease Terms

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, November 8, 2012

Recorded event now available

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Program Materials

This CLE webinar will prepare real estate counsel to craft commercial leases with provisions focused on energy and environmental goals. The panel will examine green provisions commonly negotiated by landlords and tenants and outline potential legal risks for landlords and tenants entering into green leases.

Description

Green leasing continues to be a hot trend in commercial real estate. Sophisticated landlords trying to attract high-end tenants are adding emerging green building and LEED certifications in their leasing contracts.

Commercial tenants are demanding space with sustainability-related features, forcing landlords to draft or modify leases to incorporate green design and construction components. However, tenants must understand these provisions to achieve their green objectives and protect their economic interests.

Green leasing presents a number of unique challenges. Because the guidance available for green leases can be confusing, landlords and tenants are unsure what to expect of each other or of a green tenancy. Careful drafting is critical to ensure leases that anticipate and address potential areas of dispute.

Listen as our authoritative panel of real estate attorneys explains common provisions and potential legal pitfalls for landlords and tenants entering into green leases. The panel will outline best practices for negotiating and crafting leases and dealing with common legal and operational issues.

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Outline

  1. Current trends in green leasing
  2. Elements of an effective green leasing program
    1. Establishment of sustainability goals
    2. Communication of goals to team, including landlord
    3. Site selection guidelines
    4. Request for proposal
    5. Letter of intent
    6. Lease
  3. Key provisions in green leases
    1. Construction and design
    2. Sustainability and energy efficiency standards
    3. Allocation of operating expenses and operating expense pass-throughs
    4. Operation and maintenance obligations
    5. Insurance

Benefits

The panel will review these and other key questions:

  • How can commercial landlords craft leases that responsibly incorporate green building and maintenance concepts while minimizing costs, expense and legal risks?
  • What are the key environmental responsibility provisions that should be considered when developing real estate leasing agreements?
  • How can commercial tenants achieve their green objectives and protect their economic interests with green leases?
  • What are some best practices for commercial landlords and tenants for resolving disputes arising from green leasing arrangements?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Shelli Willis
Shelli Willis
Partner
Troutman Sanders

Head of the Green Real Estate Team in her firm, Shelli has extensive experience in representing commercial lending...  |  Read More

Jeff Greenway
Jeff Greenway
Partner
Troutman Sanders

He has experience in all aspects of commercial real estate, including acquisitions and dispositions, financing,...  |  Read More

David Longinotti
David Longinotti
Partner
Hanson Bridgett

He specializes in complex real estate secured transactions and related debt and equity financing arrangements. In...  |  Read More

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