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Commercial Leases Tenants Breach of Contract

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

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Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - November 2022, Volume I, Issue XV

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CASES OF NOTE - LANDLORD UNABLE TO EVICT DESPITE TENANT DEFAULTS - Varano v. PDJM Land Trust LLC, et al. No. 1884CV02662, (Mass. Super. Ct. June 16, 2022) The Massachusetts Superior Court held that a commercial landlord...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

Winthrop & Weinstine, P.A.

No Refuge in Impossibility or Frustration of Purpose for Commercial Tenants, Says Minnesota Court of Appeals

The struggles of commercial tenants due to the COVID-19 pandemic are as widespread as they will be long-lasting.  From closures to strict regulations that have greatly disrupted normal operations, businesses are facing...more

JAMS

Business Interruption and the Impact on Real Estate

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COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

NAM (National Arbitration and Mediation)

Landlord/Tenant Disagreements – Reaching A Resolution Through ADR

With most accepting the vaccines developed by science and with the warmth of summer in full swing, we are emerging from our pandemic cocoons and re-engaging in the normal daily activities that we once took for granted....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction

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Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, and this time we'll review a topic from real property -- namely, constructive eviction. In this episode, we discuss: ...more

Nelson Mullins Riley & Scarborough LLP

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,...more

Rosenberg Martin Greenberg LLP

How Does the Pandemic Alter Your Lease Obligations?

How Does the Pandemic Alter Your Lease Obligations? Given the current circumstances arising from the COVID-19 pandemic and associated government-ordered closures, landlords and tenants both must analyze how their leases and...more

Farrell Fritz, P.C.

How Does the Coronavirus Pandemic Affect Your Lease Obligations?

Farrell Fritz, P.C. on

Are you a commercial tenant? Has the coronavirus pandemic prompted you to consider temporarily closing your physical location? Does your lease have a “continuous operations” provision?...more

Weintraub Tobin

Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

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As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a...more

A&O Shearman

Termination provision amounts to an unenforceable penalty between lessor and tenant

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A termination provision in a side letter, which had the effect of entitling a lessor to increased rental payments in the event of any breach by the tenant, was held to be an unenforceable penalty. This is the first...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update

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I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - - Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more

Snell & Wilmer

Frustration of Purpose: A Frustrating Doctrine

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Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

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