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Commercial Leases New Legislation

Holland & Knight LLP

Washington State Eases Lease Execution Process

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Effective June 6, 2024, Washington state no longer requires that commercial leases with a term of more than one year be notarized to be effective. On March 13, 2024, Gov. Jay Inslee signed Substitute Senate Bill (SSB) 5840...more

Holland & Knight LLP

Florida's State Sales Tax on Real Property Commercial Leases to Decrease Effective June 1, 2024

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The Florida Department of Revenue released Tax Information Publication (TIP) 24A01-02 on April 8, 2024, indicating that the state sales tax rate on the "total rent charged for renting, leasing, or granting a license to use...more

Holland & Knight LLP

Rulemaking Begins to Interpret Florida Law Limiting Persons from Foreign Countries of Concern

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Florida enacted Senate Bill (SB) 264 (Chapter 2023-33, Laws of Florida) in May 2023 to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an interest in certain...more

Holland & Knight LLP

Florida State Sales Tax on Commercial Real Property Leases Decreases on Dec. 1, 2023

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Florida Gov. Ron DeSantis signed House Bill (HB) 7063 into law on May 25, 2023, which provides short-term and long-term tax relief for Florida taxpayers. (See Holland & Knight's previous alert, "Florida Gov. Ron DeSantis...more

Brownstein Hyatt Farber Schreck

Alleviating Barriers to Housing Development in California

Gov. Gavin Newsom Signs Into Law New Efforts to Address the State’s Housing Crisis - On Sept. 28, 2022, California Gov. Gavin Newsom executed this year's housing legislation intended to address the state’s housing crisis....more

Holland & Knight LLP

The Ongoing Effects of COVID-19 in Landlord-Tenant Law

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New York City enacted Administrative Code Section 22-1005, known as the "Guaranty Law" prohibiting enforcement of personal guaranties supporting commercial leases, in May 2020. The law applies to defaults that occurred...more

Dorsey & Whitney LLP

The Commercial Rent (Coronavirus) Act 2022: A Solution to the Commercial Rent Arrears Problem?

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On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more

Holland & Knight LLP

Florida Commercial Rent and License Fees May See Decrease Under New Law

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Unlike most states, Florida imposes a sales tax on commercial rent or license fees, regardless of the length of the term. During the most recent legislative session, the Florida legislature passed and Gov. Ron DeSantis signed...more

Harris Beach PLLC

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

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In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evictions and foreclosures through May 1, 2021. On March 9, 2021, the Governor’s desires...more

Whitman Legal Solutions, LLC

Baby Operas and Diaper Changing Tables

BABIES Act - Equity in diaper changing became law in 2016 when Congress passed the BABIES Act, formally named the Bathrooms Accessible in Every Situation Act. That law requires all public restrooms in federal buildings to...more

Tonkon Torp LLP

Oregon Legislature Extends Eviction Moratorium To September 30

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On June 26, state lawmakers approved House Bill 4213 extending Governor Brown’s executive order temporarily prohibiting evictions of both residential and commercial tenants for non-payment of rent or other charges under a...more

Mintz - Real Estate, Construction &...

New NYC Legislation Prohibits Enforcement of Personal Liability Provisions in Commercial Leases

On May 26, 2020, Mayor de Blasio signed into effect N.Y.C. Council Int. No. 1932-A (2020). The law amends NYC administrative code by rendering unenforceable provisions in commercial leases providing for personal guaranties by...more

BCLP

U.S. COVID-19: New York City Enacts Legislation with Ramifications for Commercial Leases

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Oh May 26, 2020, Mayor DeBlasio signed into law two of the three bills discussed in our previous alert aimed at providing relief to commercial tenants due to the pandemic crisis. Both laws will go into effect immediately....more

BCLP

Coronavirus Act 2020 (England and Wales) Business Tenancies - protection from forfeiture for rent arrears

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What is proposed for business tenancies? A section in the Coronavirus Act 2020 (the “Act”), which is the government’s emergency legislation, will stop the forfeiture of business tenancies for non-payment of rent (including...more

Patterson Belknap Webb & Tyler LLP

New Legislation Bans Waivers of Declaratory Relief in Commercial Leases on Public Policy Grounds

Last summer, we discussed a decision by the Court of Appeals that upheld the use in commercial leases of waivers of declaratory relief. ...more

Kramer Levin Naftalis & Frankel LLP

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more

Miller Starr Regalia

California’s New Statewide “Just Cause Eviction” And “Anti-Rent Gouging” Law

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With the enactment of Assembly Bill 1482, signed by Governor Newsom in October 2019, the California legislature imposed a “just cause” limitation on lease terminations, non-renewals, or evictions for most California...more

Moritt Hock & Hamroff LLP

New Hurdles For Landlords Seeking To Evict Commercial & Residential Tenants Under New York’s Stability and Tenant Protection Act...

On June 14, 2019, Governor Andrew Cuomo signed into law the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”), which amounts to extensive reform of prior regulations governing rent stabilization and rent control...more

Ballard Spahr LLP

Virginia Lawmakers Repeal Deed-of-Lease Requirement, Avert Panic

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Earlier this year, the Virginia General Assembly removed the statutory requirement that any lease with a term in excess of five years must be in the form of a deed of lease. Virginia had long had a statutory requirement that...more

Brownstein Hyatt Farber Schreck

Changes Coming for Colorado Landlords and Tenants

Colorado’s 2019 legislative session ended with numerous changes impacting the rights and obligations of residential landlords and tenants. Some of these changes are discussed below....more

Holland & Knight LLP

Texas Adds New Statutory Requirements on Land Leases for Wind Farms

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The Texas Utilities Code was recently modified by House Bill 2845 to now require any person who leases land for a wind power facility (hereinafter referred to as "grantee") to be responsible for removing its wind power...more

Sands Anderson PC

Virginia General Assembly Passes Emergency Legislation Addressing Game Place, LLC v. Fredericksburg 35, LLC.

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Last May, the Virginia Supreme Court issued its’ opinion in Game Place, LLC v. Fredericksburg 35, LLC, which in many ways upset the proverbial apple cart within Virginia’s real estate industry. In the Game Place case, the...more

Williams Mullen

Game Place Decision Legislation Signed

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On February 13, 2019, the Governor signed into law House Bill 2287. This legislation negates the potential adverse consequences of the Virginia Supreme Court’s May 2018 decision in The Game Place, L.L.C. v. Fredericksburg 35,...more

McAfee & Taft

Obtaining commercial licenses for medical marijuana in Oklahoma

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With the recent passage of State Question 788 (authorizing the production, sale, and use of medical marijuana), the Oklahoma State Department of Health (OSDH) is poised to adopt implementing regulations. The current draft...more

Clark Hill PLC

2018 Arizona Legislative Updates Affecting Commercial Real Estate and Lending (June 2018)

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Judgments (HB 2240) - Current Arizona law (A.R.S. §§ 12-1551, 12-1611 and 12-1612) allows a judgment to be enforced by writ of execution only within five years of its entry, unless it is renewed. A judgment is typically...more

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