Landlords

News & Analysis as of

If You Can’t Stand the Heat…

Are you a developer or landlord of commercial or residential multi-let premises? Are those premises supplied with heat by either a communal heating system or a district heating system?...more

The Importance of Recording a Memorandum of Lease

Most commercial leases contain a prohibition on recording the lease, but generally permit the parties to record a “Memorandum of Lease,” either concurrently with the execution of the lease or upon the request of either party....more

Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they...more

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

Disclosures Landlords Must Make in Kentucky

There are certain required disclosures that a landlord must make when renting property located within a jurisdiction that has adopted Kentucky’s Uniform Residential Landlord and Tenant Act (“URLTA”). ...more

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

Tenancy Deposits Clarified

It is now the best part of a decade since the tenancy deposit protection provisions in the Housing Act 2004 (the “Act”) came into force on 6 April 2007. A string of Court of Appeal decisions resulted from ambiguities and...more

N.C. Court of Appeals Applies Common Law Rule Against Perpetuities to Invalidate Lessee's Preemptive Right

Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more

Appellate Court Notes

- SC18997 - Ruiz v. Victory Properties, LLC - SC18997 Dissent - Ruiz v. Victory Properties, LLC This is a continuation of an earlier Appellate Court decision I reported on, which held the landlord responsible...more

New York Statute Aims to Curb Abuse of Certificates of Insurance

A certificate of insurance (“COI”) is a document issued by an insurer or broker that evidences the existence of insurance coverage under specific circumstances. On January 28, 2015, New York’s Governor Andrew Cuomo signed...more

Landlord’s Checklist For Cell Tower Transfers

The Federal Communications Commission recently closed a spectrum auction that raised more than $41 billion. Among the companies making a large investment in the auction was Verizon. It reportedly spent $10.4 billion for this...more

Is a tenant is entitled to attorney fees when landlord's anti-SLAPP motion is denied?

In Ben-Shahar v. Pickart, 2014 DJDAR 15712, the California Court of Appeal for the Second District decided a complex landlord/tenant case involving the interplay of unlawful detainer proceedings and California’s Special...more

First Class Actions introduced in France by consumer associations (French version)

Depuis l’entrée en vigueur le 1er octobre 2014 des dispositions de la loi Hamon introduisant une action de groupe en droit français, plusieurs actions ont déjà été initiées témoignant d’un vif intérêt des associations de...more

Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

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

Federal Court Invalidates San Francisco Tenant Relocation Requirements

The Northern District of California has struck down part of San Francisco’s rent control ordinance as an unconstitutional taking under the Fifth Amendment in Levin v. City and County of San Francisco, Dist. Court, ND...more

Landlords and Tenants Beware: Option Contracts and the Substantial Compliance Standard

In Pack 2000, Inc. v. Cushman, 311 Conn. 622 (2014), the Connecticut Supreme Court recently applied a “substantial compliance” standard to the exercise of tenant options contained in a lease, including purchase options....more

Nevada Supreme Court adds New Elements to Constructive Eviction Claims

Nevada, like many jurisdictions, has recognized the ability of a tenant to vacate property if it becomes unfit for occupancy for the purpose for which it was leased. This is commonly known as a “constructive eviction.” ...more

10 key considerations when a healthcare tenant negotiates a shopping center lease

The habits of healthcare consumers have changed: no longer do they perceive a medical visit as something necessarily separate from all other life events. In fact, they often seek the convenience of combining a quick trip to...more

City SLAPPs Away Landlord's Section 1983 Claim

Anti-SLAPP motions provide defendants with a valuable tool to dispose of meritless cases that stifle protected speech . In Squires v. City of Eureka (October 17, 2014, A138768; A139849) ___Cal. App.4th___ [14 Cal. Daily Op....more

New York Court of Appeals Holds Non-Cumulation Clauses Applicable to Lead Paint Claims

In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more

Leases: Avoid Unnecessary Headaches With Precise Drafting

Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law. The issue turned on...more

Is the CHRO Expanding its Reach into Schools and Police Actions?

I recently attended a meeting where Charles Krich, the Principal Attorney for the Connecticut Commission on Human Rights and Opportunities (“CHRO”), spoke about the future of the agency. Attorney Krich stated that the agency...more

Tenant Absence During the Lease Term: Protecting Your Property

Every landlord’s goal is to have his/her rental property under lease and occupied by tenants who will not only pay their rent on time, but who will properly use and maintain the property. After all, the property is an...more

Insolvency in the Fashion Retail Sector: Understanding and managing the risks of an insolvent acquisition

Opportunity Arises Out of Adversity - The recent global financial crisis has seen consumers tighten their belts and the retail industry as a whole has faced increasing pressure. Profits warnings have peppered the...more

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more

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