News & Analysis as of

Mainebiz Real Estate Insider – Tips for Tenant Defaults & Terminations

When a tenant defaults in payment of rent, or other terms of the tenancy, tempers flare. Landlords and tenants may make exaggerated allegations or rashly give notices via cell phone, text or email. As a commercial or...more

NJ Law Grants Tenants Implied Right To Attorney’s Fees Under Residential Leases

New Jersey’s residential landlord/tenant statute has long been considered “tenant-friendly.” This trend continues with the recent enactment of Assembly Bill 3851signed into law by Gov. Chris Christie on January 17, 2014....more

Is your WA lease destroyed on a transfer? - The Primewest appeal

The long awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd [2014] WASCA 28 was handed down on 5 February 2014. As detailed in our Original Article, Primewest (the seller) had commenced action in...more

Frustration of Purpose: A Frustrating Doctrine

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

Avoid Damages in Commercial Lease Disputes

Imagine the following: You're a commercial landlord. It's the first of the month and the rent check didn't come. You visit your tenants and the doors are locked. The lights are off. The furniture and equipment are in disorder...more

Business Owners: Don't Get Stung by Buried Obligations in Lease Agreements: BB&K's Nancy Park Offers Tips About Signing a Lease

When business owners sign a lease for a new space, their key concerns are typically the rent amount, location and the disruption to business from moving. However, a lease is one of the most important contracts a business...more

Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin [Video]

Attorney Jeff Moerdler, head of Mintz Levin's Real Estate and Communications practices in New York, discusses the major issues affecting both tenants and landlords in lease negotiations....more

Subtenants Should Carefully Consider Legal Issues of Sublease Arrangements

Depending on the situation, sometimes leasing space from another tenant is a good business decision in terms of price, location and size. While a sublease arrangement makes sense from a business perspective, a subtenant...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

Illinois Supreme Court to Debate Controversial Condominium Decision

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in a high-profile appeal from the Second District, Spanish Court Two Condominium Association v. Carlson. ...more

The Hidden Dangers in Assignment and Subletting Clauses

Real estate and legal professionals each play a role in a commercial lease transaction. While Real estate agents create the framework for the transaction, lawyers are responsible for filling in the details. The assignment...more

General Guidelines For Florida Landlords

Below are some general guidelines and checklists that Florida landlords may want to consider when dealing with tenants, including pre-litigation tips and recommended lease provisions. ...more

Rent Increases in Residential Tenancies

When can the rent be increased? - When beginning a tenancy, the landlord and tenant decide on what the rent will be for the rental unit and what services will be included in the rent (for example, electricity, heat, and...more

Renewal Options in a Lease: Tips and Traps for Landlords and Tenants

Whether you are a landlord or a tenant, one of the crucial terms to consider when negotiating a lease is the renewal clause. The renewal clause grants the tenant an option, or several consecutive options, to renew the lease...more

Co-Tenancy Complexities

Tenants seek co-tenancy rights while landlords are reluctant to grant them. Tenants often rely on a certain tenant mix of national or regional tenants to be a draw for customers to visit the shopping center. But what happens...more

Real Estate Tip – Ground Leasing Part 2: By-Agreement & Percentage-Rent Options

In our last real estate tip, we discussed the importance of good rent adjustment methods in long-term ground leases. Today, we look at the pros and cons of two rent-adjustment options...more

Tornados And Leases – Who Pays?

Winn Blohn knew the storm was coming before it lifted the roof and parts of the second floor from his home....more

Violation of Lease Provisions Can Negate a Mechanic and Materialman's Lien

Construction professionals performing work and supplying materials to a project for a tenant on leased property may want to see a copy of the lease before they agree to participate and may need to monitor compliance with the...more

Getting In: Preparation and Delivery of Leased Premises

The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a...more

What Makes A Lease "Enforceable" - What You Need to Know

Leases are often not given the same attention as other types of contracts with respect to issues of corporate authority and enforceability. Proof of authority is often an issue in the context of leases and related documents....more

Ground Leasing Part 1: Leasing Land Instead of a Building

If a business cannot purchase or lease all or part of a building for its operations, a ground lease may be a viable alternative....more

Rogers Towers: Attention All REO Officers: Florida’s Commercial Landlord/Tenant Laws May Apply to You!

When foreclosing mortgages on commercial properties in Florida, banks are often able to choose whether to keep or remove the tenants after foreclosure. The decision to keep or remove a tenant usually depends on the financial...more

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

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

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

Focused on California - January 2013

In this issue: -Changes to Mobilehome Residency Law effective Jan. 1, 2013 -Civil Code Amendments Pertaining To Non Homeowners In Mobilehome Parks -Changes To The Public Utilities Code -Changes To The...more

29 Results
|
View per page
Page: of 2