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Eviction Commercial Leases

Goulston & Storrs PC

Part II: Landlord Unable to Evict Despite Tenant Defaults

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Varano v. PDJM Land Tr., LLC, 103 Mass. App. Ct. 1127 (2024) - We last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial...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

Nutter McClennen & Fish LLP

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease...more

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

Awatif Mohammad Shoqi Advocates & Legal...

Eviction Before Your Lease Ends: Know Your Rights as a Tenant in Dubai

Introduction Renting a property is a common arrangement in Dubai, with many residents and businesses leasing real estate for various purposes. However, what happens when you receive an eviction notice before your lease term...more

Pierce Atwood LLP

Massachusetts High Court Reaffirms "Single Look Doctrine” For Evaluating Liquidated Damages Clause in Commercial Leases

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Last week the Supreme Judicial Court of Massachusetts (SJC) held that, despite defaulting only one month into its five-year lease, a commercial tenant is bound by a liquidated damages clause requiring a lump-sum payment of...more

Dorsey & Whitney LLP

Minnesota Legislature Amends Commercial Eviction Law: What Landlords and Tenants Need to Know

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In May 2023, Minnesota passed a historic $1 billion-dollar investment in housing policy, enacting comprehensive changes to Minnesota Statutes Chapter 504B governing commercial and residential landlord-tenant law. Most...more

Dorsey & Whitney LLP

Post-Pandemic Update on Commercial Evictions in Minnesota

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In August 2020, we circulated an article addressing COVID-19’s Impact on Commercial Evictions and Landlord-Tenant Relations in Minnesota. Nearly three years later, much has changed and it’s time for an update....more

Stoel Rives LLP

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

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Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more

Lasher Holzapfel Sperry & Ebberson PLLC

Commercial Tenant Evictions and What You Need to Know in Seattle

Mayor Bruce Harrell officially ended the City of Seattle Civil Emergency Proclamation on October 31, 2022, which affects the requirement for landlords to negotiate payment plans with commercial tenants that qualify as a small...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

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The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...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

Shutts & Bowen LLP

In eviction case, trial court wrongly made landlord produce leases with other tenants

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In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more

Holland & Knight LLP

Can a Commercial Landlord Engage in Self-Help Against a Tenant in Default?

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The COVID-19 pandemic caused unprecedented financial damage to the commercial real estate sector. Commercial landlords were forced to make difficult decisions, including whether to accept rent abatements, payment deferrals,...more

Faegre Drinker Biddle & Reath LLP

What Colorado Landlords Need to Know in 2022

In late 2021, the Colorado General Assembly passed significant landlord-tenant law reform via HB 21-1121 and SB 21-173. These changes affect the responsibilities that landlords owe to tenants and the steps required for...more

Holland & Knight LLP

Why Florida Commercial Landlords Should Push for Rent Determination Hearings Under Section 83.232

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The Florida Legislature intended for commercial tenant evictions to proceed quickly under Florida's summary procedure statute. See §§ 51.011, 83.21, Fla. Stat. (2021). Nevertheless, securing a prompt hearing comes with many...more

International Lawyers Network

Buying and Selling Real Estate in Portugal (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I.INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 15, 2021

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Real Property Update - Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more

Hogan Lovells

The battle continues between UK landlords and tenants over COVID-19 rent arrears

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Following the government’s call for evidence in May this year, the government released the responses and analysis on 4 August 2021, along with an accompanying policy statement. These highlight the starkly differing views of...more

Morrison & Foerster LLP

NYS Legislature Extends Residential And Commercial Eviction And Foreclosure Moratoriums

During a special session held on September 1, 2021, the New York State legislature passed a new law that extends the state’s moratorium on residential and commercial evictions and foreclosures until January 15, 2022. The...more

Winthrop & Weinstine, P.A.

COVID, Commercial Leases and the Acceleration Clause

The COVID-19 pandemic hit commercial landlords and tenants hard. Many Minnesota businesses experienced a steep decline in revenue and, as a result, have been unable to either make their monthly rent payments or collect on the...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

Coblentz Patch Duffy & Bass

San Francisco Board of Supervisors Adopts Further Commercial Tenant Relief in Response to COVID-19 Pandemic

The COVID-19 pandemic continues to affect the commercial real estate market, and the San Francisco Board of Supervisors is pursuing relief for certain categories of commercial tenants, including adoption of an ordinance...more

K&L Gates LLP

Overriding Interest Summer 2021

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Welcome to the latest edition of Overriding Interest. Inside this issue: - Minimum Energy Efficiency Standard (MEES) - Update for Europe COVID-19: Government Extends Moratorium on Commercial Leases Until March 2022 ...more

Perkins Coie

San Francisco Board of Supervisors Enacts a New Commercial Eviction Moratorium Ordinance - Update #2

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On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board...more

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