News & Analysis as of

Damages Tenants

Lowenstein Sandler LLP

SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate

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Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply...more

Jones Day

New York Bankruptcy Court Breaks from Precedent in Ruling that "Time Approach" Should Be Used to Calculate Landlord's Claim for...

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To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for...more

BCLP

Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy

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What is the allocation of responsibility for damage and defects after the expiry of a tenancy - The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021)...more

Cozen O'Connor

Court Rewrites Insurance Policy to Create Defense Obligation in Favor of “Implied Coinsured” Tenant

Cozen O'Connor on

Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more

BCLP

Landlord’s duty to mitigate after tenant default

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A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the...more

Whitman Legal Solutions, LLC

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Snell & Wilmer

California Enacts Legislation Preventing Residential Evictions and Granting Protection From Foreclosure as a Result of Hardship...

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On August 31, 2020, California Governor Gavin Newsom signed into law AB 3088 (the "Bill"), extending a statewide stoppage of evictions for unpaid rent due to the COVID-19 pandemic and granting protection from foreclosure to...more

Conn Kavanaugh

Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway

Conn Kavanaugh on

The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) - On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more

BCLP

“Wall of glass” - Landlord must reinstate glass facade of iconic Manchester tower

BCLP on

A recent case, Blue Manchester Limited v North West Ground Rents Limited [2019] EWHC 142 (TCC), shows that landlords must consider aesthetics when assessing repairs, as they could be ordered to reinstate original design...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

Greenberg Glusker LLP

The Ninth Circuit Loosens the Cap on Landlord Damages in In re Kupfer

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Any property owner which has experienced the bankruptcy of a tenant is doubtless keenly aware of the limitation on damages which the Bankruptcy Code imposes on the landlord. A new decision by the Ninth Circuit bolsters the...more

Shutts & Bowen LLP

If I get a judgment against my commercial tenant, will I be able to collect?

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At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...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

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