Service AreasService Areas

Real Estate Leasing

A significant portion of Posternak’s real estate practice is devoted to representing landlords and tenants in commercial leasing transactions of every kind and description, including ground leases, master leases, subleases, synthetic leases and leases in sale – leaseback transactions.

“Big box leasing”
We represent both landlords and tenants in this specialized area of commercial leasing involving stores in the 100,000 square foot range.  Our extensive experience in this area has give Posternak a national reputation for quality work with mall developers and their counsel which benefits our clients during lease negotiations.

Our big box tenant clients include a national warehouse club chain, a national home improvement chain and several department store chains.  In addition to negotiating big box leases for existing buildings, we are familiar with “build to suit” and reverse “build to suit” transactions.

On the landlord side, we represent real estate developers and mall owners in the same types of transactions.  Understanding the needs and concerns of both parties to these types of leases gives our clients and us an advantage.

  • Represented a big box tenant in a “build to suit” transaction for an approximately 115,300 square foot store in the central Florida area. Recently, our client decided to buy the completed store and appurtenant land and asked us to represent it in the purchase as well.  The acquisition involved negotiating an agreement with the landlord/seller, which would protect our client’s exclusive uses and other rights from infringement by the other big box tenants, which were negotiating their own leases in the same shopping center.  These multi-party negotiations resulted in a very favorable agreement for our client.

Small store leasing
In addition to representing our developer and mall owner clients in leases with national retail chains, we represent the full spectrum of local and national retail shopping center tenants, as well as restaurant operators, outlet and off-price retailers and medical offices located in shopping centers.

  • We have represented a national personal care items chain in leases for quasi-government operated retail centers at such places as The World Trade Center, Ronald Reagan Airport in Washington, D.C. and The Embarcadero in San Francisco.  This has allowed our real estate attorneys to become very familiar with the particular needs and concerns of retailers in such unique but expanding retail centers.

Other commercial leasing
Posternak’s attorneys have substantial experience representing landlords and tenants in such diverse areas as office leasing, medical center leasing, free standing restaurants, industrial and manufacturing sites, charter schools and other educational sites, and leases with state and local governmental agencies.

  • Represented the New England developers for a Fortune Five Hundred automobile dealership chain in transactions involving ground leases from the owners of the real estate and subleases to the automobile dealerships.  These multi-level/multi-party transactions allow us to bring to bear our knowledge and experience with real estate development as well as leasing and subleasing.
  • As one indication of the respect our attorneys have earned in the leasing area, we just completed lease negotiations for a new law firm in need of office space.

Real Estate Leasing: Related Services Areas

Real Estate Leasing: Professionals

Frank D. Aronson

Partner 617.973.6132 ext.   fax 617.722.4953 faronson@pbl.com

Donald M. Bloch

Of Counsel 617.973.6169 ext.   fax 617.722.4940 dbloch@pbl.com

Russell K. Dunning

Partner 617.973.6122 ext.   fax 617.722.4918 rdunning@pbl.com

Kathryn G. Graber

Partner 617.973.6196 ext.   fax 617.722.4916 kgraber@pbl.com

James M. Lyle

Partner 617.973.6293 ext.   fax 617.722.4934 jlyle@pbl.com

Jo-Ann M. Marzullo

Partner 617.973.6267 ext.   fax 617.722.4935 jmarzullo@pbl.com

David M. Saltiel

Partner 617.973.6246 ext.   fax 617.722.4948 dsaltiel@pbl.com

Christopher C. Tsouros

Partner 617.973.6141 ext.   fax 617.722.4929 ctsouros@pbl.com

Cynthia L. Warren

Partner 617.973.6175 ext.   fax 617.722.4941 cwarren@pbl.com

Real Estate Leasing: Publications

Negotiating and Drafting Lease Insurance Clauses: Top 10 Questions for Practitioners

Retail Law Strategist, Jo-Ann M. Marzullo, June 15, 2010

Changing Strategies to Maximize Landlord Bankruptcy Claims

Retail Law Strategist, Jo-Ann M. Marzullo, April 15, 2009