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Post-COVID Needs: Less Space, Less Cost, Less Lease

We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?...more

Lease Dispute Series: Covenant of Quiet Enjoyment

In our last installment of the Lease Dispute Series, we talked about tenant payment of real estate taxes. Today, we’ll talk about the covenant of quiet enjoyment. North Carolina law implies a number of covenants in...more

Lease Dispute Series: Real Estate Taxes

COVID-19 took many, many things, changed many other things, and brought a lot of new things. One of the new things COVID-19 brought was a whole host of lease disputes. Lease disputes – usually, but not always, tenants...more

Zoning Violation Sent to Landlord, Only, Nonetheless Started Tenant’s Appeal Clock

In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” – had run, where the...more

Let's Talk North Carolina Leases: The Leased Premises Is Primary

We talked in our last piece about the parties to a lease, and the nuances of that requirement. Today, as promised in our last post, we discuss the "leased premises". A lease is a contract. It is a contract in which the...more

N.C. Court of Appeals Applies Common Law Rule Against Perpetuities to Invalidate Lessee's Preemptive Right

Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more

Commercial Landlord Citing Lease Terms to Prevent Stores from Closing on Thanksgiving Day

It's rare that an ordinary commercial lease term can make national news, at least indirectly. Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more

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