Commercial Leases, Right to Possession

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

BCLP on 3/30/2022

Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Court takes hard line on late rent payment into court registry during COVID-19

Shutts & Bowen LLP on 12/2/2020

Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Tenant fails to satisfy break clause in latest VP ruling

Hogan Lovells on 11/12/2020

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant...more

Confession of Judgment in Commercial Leases in Pennsylvania

Obermayer Rebmann Maxwell & Hippel LLP on 4/30/2019

Pennsylvania is one of the few states that permit a commercial landlord to obtain an almost immediate judgment against a defaulting tenant without requiring the landlord to go through the process of providing the tenant with...more

“Free and Clear” Means You’re out of Here?

Patterson Belknap Webb & Tyler LLP on 12/19/2018

Section 365(h) of the Bankruptcy Code provides considerable protection to a tenant in the event of a bankruptcy filing by its landlord. Despite rejection of its lease, the tenant can elect to retain its rights, including the...more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

Snell & Wilmer on 12/6/2016

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more