
Michael J. Willner
Partner
201-896-7244 mwillner@sh-law.comFirm Insights
Author: Michael J. Willner
Date: January 29, 2026

Partner
201-896-7244 mwillner@sh-law.com
Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead.
Last year brought increases in tariffs and immigration restrictions. Both have raised costs for builders and developers. At the same time, interest rates decreased in 2025, which is slowly unlocking more capital. Overall, experts and research firms are predicting a year of stabilization and recovery for commercial real estate in 2026.
“As we head into 2026, the tone has shifted meaningfully,” Kevin Thorpe, chief economist at Cushman & Wakefield, told CNBC. “There is still risk on both sides of the outlook, but we’ve moved past the peak levels of uncertainty, and confidence in the CRE sector is building. Capital is flowing again, interest rates are moving lower, and leasing fundamentals are generally stabilizing or improving. If 2025 was a test of resilience, 2026 has real potential to reward it.”
Certain commercial property sectors are better positioned for growth in 2026. Understanding which sectors are gaining traction can help investors and industry stakeholders align their 2026 strategies accordingly. Below are a few to watch:
Below are several key trends that will likely define the commercial real estate market in 2026, along with legal insights for navigating each one.
The trend toward flexible office space use is accelerating, driven by the continued prevalence of hybrid work models. Many companies are downsizing from traditional leased office space and instead seeking spaces that can accommodate fluctuating headcounts and collaboration needs.
As a result, leases are increasingly incorporating flexible terms such as shorter durations, early termination options, and co-working arrangements. Landlords and tenants should carefully negotiate clauses addressing rent escalations, space modifications, service commitments, and exit rights to reflect these evolving needs.
These leasing trends, however, are very dependent on the individual commercial leasing market involved.
Smart building technologies—like IoT sensors, automated systems, and energy monitoring platforms—are becoming standard in new CRE developments and upgrades. These systems enhance building efficiency, reduce operating costs, and improve tenant satisfaction.
With increased connectivity comes heightened cybersecurity and data privacy risks. Businesses should review contracts with technology vendors to ensure adequate protections, liability limitations, and compliance with applicable data privacy laws.
Environmental, social, and governance (ESG) criteria are no longer optional. Investors and tenants are prioritizing properties with strong sustainability credentials, including energy-efficient designs, electrification, and green certifications (e.g., LEED, ENERGY STAR). Additionally, “green” leases that allocate responsibilities for ESG-related improvements and criteria are on the rise. Financing agreements also increasingly tie interest rates to ESG performance. Businesses should work with legal counsel to ensure that contracts support compliance with sustainability commitments without exposing parties to unforeseen liabilities.
E-commerce remains a major driver of industrial real estate demand, fueling the need for modern logistics facilities, distribution centers, and last-mile delivery hubs. Investors are eyeing strategically located properties that can support rapid delivery to urban populations.
Zoning, infrastructure access, and environmental due diligence are especially critical for industrial developments. Businesses should work closely with their legal team to assess land-use restrictions, traffic and emissions considerations, and any regulatory incentives or requirements related to industrial operations.
While interest rates have moderated from recent peaks, capital markets remain attentive to macroeconomic indicators, inflationary pressures, and lending standards. CRE investors are evaluating how funding costs influence asset valuations and investment strategies.
Loan documentation, refinancing terms, and covenants must be carefully structured to address rate volatility and borrower flexibility. Businesses should scrutinize provisions on interest rate adjustments, default triggers, and cross-defaults to protect their interests.
As market preferences evolve, obsolete or underutilized properties—especially in the retail and office sectors—are being repurposed for alternative uses such as residential, mixed-use, or experiential venues. Redevelopment projects often involve complex land use issues, building code compliance, and community engagement. Legal teams should coordinate early with architects and municipalities to navigate zoning changes, historic preservation considerations, and permitting timelines that can impact project feasibility.
To stay on top of the latest developments and determine how they may impact your business, we encourage you to consult with a member of Scarinci Hollenbeck’s Commercial Real Estate Practice. Our team draws on its diverse backgrounds and in-depth knowledge to deliver practical, business-minded solutions to the most complex commercial real estate issues. We are prepared to assist with any prospective purchases, leases, or regulatory concerns, and are likewise uniquely qualified to handle zoning and land use questions and environmental concerns.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!