Landlords

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

by Ryan Hennessey, Peter Lucarelli | Baker & McKenzie Australia on 5/15/2013

Commercial tenancies may be extinguished by a liquidator appointed to a landlord company by exercising the statutory right under the Corporations Act 2001 (Cth) to disclaim certain property....more

Eviction for Landlord's Own Use/Purchaser's Use

by Matthew J. Wilson | Lerners LLP on 5/6/2013

Under sections 48 and 49 of the Residential Tenancies Act, a landlord may terminate a residential tenancy if the landlord, or a purchaser, in good faith requires possession of the rental unit for the purpose of residential...more

Is It Legal for My Landlord to Raise the Rent?

by Janet Raasch | Lawyers.com on 4/30/2013

Whether or not your landlord can raise your rent depends on a number of variables, including the terms of your agreement and where you live. But here are some general guidelines....more

Real Estate Tip – Hedge Against Future Inflation: Understanding The Capitalization Rate

by Richard Smith | Bernstein Shur on 4/29/2013

Net operating income ÷ building capital cost = capitalization rate - If you bought a building in 2007 for $450,000 that produces $36,000 in net operating income, your cap rate is 8 percent. If you think of the cap...more

New California Landlord Disclosure Requirements Effective July 1

by David Barksdale, Gary York | Ballard Spahr LLP on 4/24/2013

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

Navigating Commercial Lease Assignment Provisions: Tenants Beware

by Frank Cerza, Cristina Meng | Pepper Hamilton LLP on 4/23/2013

Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more

New Commercial Property Disclosure Requirements

by Hopkins & Carley on 4/16/2013

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Part-Time Landlords That Work Full Time Will Have A Hard Time Qualifying As Real Estate Professionals

by Charles (Chuck) Rubin on 4/15/2013

Taxpayers that own rental real estate property will often want to qualify as “real estate professionals” under Section 469 (the “passive loss rules”). If they do that, their losses from their real estate activities can be...more

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

by Michael Holmes, Alain R'bibo | Allen Matkins Leck Gamble Mallory & Natsis... on 4/12/2013

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

Real Estate Tip – Tenant Fit-Up: When is the Job Complete?

by Richard Smith | Bernstein Shur on 4/12/2013

Rent payments may be tied to a fit-up completion date, such as the tenant’s opening or receipt of an architect’s certificate. Once the fit-up work is complete and the tenant is paying rent, what happens if the landlord...more

FTC Sends FCRA Warning to Providers of Rental Histories

by John L. Culhane, Jr., Alan S. Kaplinsky, Mercedes Kelley Tunstall | Ballard Spahr LLP on 4/11/2013

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

by Emily Lamond, Robert Lawrence | Orrick, Herrington & Sutcliffe LLP on 4/8/2013

Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...more

Remedies of a Commercial Landlord

by Matthew J. Wilson | Lerners LLP on 4/2/2013

If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s...more

Appellate Notes: Week of March 25

by Edward McCreery III | Pullman & Comley, LLC on 3/28/2013

In This Issue: - SC18915- Misiti, LLC v. Travelers Property Casualty Co. of America - SC18840- New England Road, Inc. v. Planning & Zoning Commission - SC18804- Cordero v. University of Connecticut...more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

Eviction for Landlord's Own Use/Purchaser's Use

by Matthew J. Wilson | Lerners LLP on 3/20/2013

Under sections 48 and 49 of the Residential Tenancies Act, a landlord may terminate a residential tenancy if the landlord, or a purchaser, in good faith requires possession of the rental unit for the purpose of residential...more

Proper consideration: 10 points to cover in a lease’s letter of intent

by Michael Strand | Snell & Wilmer L.L.P. on 3/18/2013

Originally published in the Colorado Real Estate Journal - February 20, 2013 – March 5, 2013. Too often, prospective landlords and tenants give scant attention to the letter of intent stage of their negotiations. The...more

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

by Richard Smith | Bernstein Shur on 3/15/2013

In a recent Missouri case, a landlord lost a very significant commercial tenant and a title search company lost $48 million because of an incomplete permitting process. The tenant sued the title search company for failing to...more

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

by Navjot Athwal, Richard Shapiro | Farella Braun + Martel LLP on 3/13/2013

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

Ownership of Leasehold Improvements

by Matthew J. Wilson | Lerners LLP on 3/12/2013

Many commercial leases provide that other than a tenant’s own trade fixtures and merchandise, pretty well everything else that the tenant installs in the premises is considered to be a leasehold improvement. Moreover, all...more

Lien Rights of Lenders and Landlords - Part II

by John Kelly | Bean, Kinney & Korman, PC on 3/11/2013

In Part I of this blog post, we discussed the varied interests of the landlord and the tenant's lender in the tenant’s personal property located at the premises in the context of a commercial lease. Part II below will...more

New Accessibility and Energy Use Disclosure Requirements for California Commercial Landlords Effective July 1, 2013

by Jason Barglow, Richard Moskitis | Foley & Lardner LLP on 3/8/2013

Pursuant to California Civil Code Section 1938, each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a...more

Commercial Landlords in San Francisco Beware

by Lee Edlund, Lee Gotshall-Maxon, Nancy Lundeen, Mark Mengelberg | Allen Matkins Leck Gamble Mallory & Natsis... on 2/27/2013

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square...more

Overview of the City of London's Residential Rental Units Licensing By-Law

by Matthew J. Wilson | Lerners LLP on 2/26/2013

If you are a property owner and want to rent any building containing four or less rental units to a tenant, you may need to comply with the City of London’s Residential Rental Units Licensing By-Law. Single detached...more

Tennessee Appeals Court Holds that Tenant Is Required to Pay Landlord’s Tennessee Excise Tax

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

The Tennessee Court of Appeals ruled on January 2, 2013 that a tenant was required to pay its landlord’s Tennessee excise tax liability, based on the terms of the applicable lease agreement. J-Star Holdings, LLC v. The...more

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Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

Eviction for Landlord's Own Use/Purchaser's Use

Is It Legal for My Landlord to Raise the Rent?

Real Estate Tip – Hedge Against Future Inflation: Understanding The Capitalization Rate

New California Landlord Disclosure Requirements Effective July 1

Navigating Commercial Lease Assignment Provisions: Tenants Beware

New Commercial Property Disclosure Requirements

Part-Time Landlords That Work Full Time Will Have A Hard Time Qualifying As Real Estate Professionals

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

Real Estate Tip – Tenant Fit-Up: When is the Job Complete?

FTC Sends FCRA Warning to Providers of Rental Histories

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

Remedies of a Commercial Landlord

Appellate Notes: Week of March 25

Appellate Notes: Week of March 18, 2013

Eviction for Landlord's Own Use/Purchaser's Use

Proper consideration: 10 points to cover in a lease’s letter of intent

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

Ownership of Leasehold Improvements

Lien Rights of Lenders and Landlords - Part II

New Accessibility and Energy Use Disclosure Requirements for California Commercial Landlords Effective July 1, 2013

Commercial Landlords in San Francisco Beware

Overview of the City of London's Residential Rental Units Licensing By-Law

Tennessee Appeals Court Holds that Tenant Is Required to Pay Landlord’s Tennessee Excise Tax

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