News & Analysis as of

Disclosure Requirements Landlords

Saul Ewing LLP

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

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Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously...more

Lowenstein Sandler LLP

Not Business as Usual: California’s Extensive New Disclosure Bill

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On May 23, 2024, the California Senate passed a bill that, if approved by the California Assembly before August 31, 2024, and signed into law by Gov. Gavin Newsom, would require U.S. and foreign entities doing business in...more

Sheppard Mullin Richter & Hampton LLP

New Court Ruling Pokes Holes in Contractual Limitation of Liability Language in Commercial Leases

Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

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Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Hogan Lovells

Global ESG: what have been the major milestones in ESG in 2023 for Real Estate?

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With COP28 having come to a close and the end of the year just around the corner, it seems the perfect time to reflect on the ESG developments from 2023. In this article we've collated some of our most read ESG related pieces...more

Tonkon Torp LLP

Exploring Oregon HB 2001: Changes to Residential Nonpayment Evictions

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On March 29, 2023, Governor Kotek signed HB 2001 into law. This legislation contained changes to the residential eviction process in nonpayment cases. It is important for landlords and tenants alike to understand these...more

Bradley Arant Boult Cummings LLP

Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet...more

Cozen O'Connor

Amendments to the Reasonable Accommodation Notice Law

Cozen O'Connor on

On March 25, 2021, Governor Andrew Cuomo signed into law Senate Bill S867, an amendment to New York executive law, related to disclosures of disabled tenants’ rights. The amendment requires every housing provider to provide...more

Perkins Coie

City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment

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The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the...more

Bass, Berry & Sims PLC

SEC Files First Charges for Inadequate Public Company COVID-19 Disclosures

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In a prelude of things to come for public companies, on December 4 the Securities and Exchange Commission (SEC) sued restaurant operator The Cheesecake Factory Incorporated for making misleading disclosures regarding the...more

Pillsbury - Gravel2Gavel Construction & Real...

Management’s Duties and Responsibilities to Disclose COVID-19 Cases to Commercial and Residential Tenants While Also Protecting...

As COVID-19 cases continue to be reported by the hundreds on a daily basis, and as businesses begin the process of returning to the worksite, it is imperative that property managers—both commercial and residential—understand...more

Shutts & Bowen LLP

Pre-Bankruptcy Considerations for Commercial Landlords

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The following is the first in what will be a series of posts addressed to commercial landlords regarding bankruptcy. As many landlords are learning, unexpected circumstances can cause a good tenant to become a...more

Payne & Fears

Are Your Commercial Lease Forms ADA Compliant?

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A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

Nossaman LLP

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

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Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Sheppard Mullin Richter & Hampton LLP

Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether...more

Buchalter

Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

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In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in...more

Allen Matkins

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Allen Matkins on

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access...more

Nossaman LLP

California Adopts New Requirements with Respect to Disability Access for Commercial Leases

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One of the 800+ bills that the California Legislature left behind for Governor Brown to sign in September was AB 2093, which amended California Civil Code Section 1938 and created new obligations for commercial landlords. ...more

Seyfarth Shaw LLP

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Sheppard Mullin Richter & Hampton LLP

Important Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective...

Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including an initial disclosure form regarding the nature of...more

Allen Matkins

Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

Allen Matkins on

As of January 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and/or landlord, including any dual agency relationship, in residential real property...more

Ballard Spahr LLP

New California Landlord Disclosure Requirements Effective July 1

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Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

Allen Matkins

Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility...

Allen Matkins on

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and...more

Farella Braun + Martel LLP

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San...more

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