Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Taking it Seriously: Unusual Lease Violations in Virginia
Overview: Co-tenancy provisions give retail tenants the right to pay reduced rent or to terminate their leases, or both, if other specific tenants or a percentage of tenants do not open or if they leave a shopping center....more
Owners of multi-unit properties should be familiar with Section 5431.04(A)(3) of the Ohio Revised Code, which requires a landlord to, “[k]eep all common areas of the premises in a safe and sanitary condition.” At first...more
Rosario Nativi, et. al. vs. Deutsche Bank National Trust Company, et. al. -
Court Of Appeal, Sixth District (January 23, 2014)-
The Protecting Tenants at Foreclosure Act (“PTFA”) was enacted in 2009 to provide...more
Landlords' set to obtain "full value" as a result of re-statement of ancient equitable principle -
Pillar Denton Limited and others v Jervis and others -
In a ruling relating to the stricken...more
The United States Court of Appeals for the Sixth Circuit reversed in part a district court’s order granting a motion to dismiss a complaint that included claims for wrongful eviction, denial of due process and outrageous...more
Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more
A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states...more
Aviva Investors Pensions Ltd v McDonald's Restaurants Ltd  CSOH 009A: 31 January 2014 -
In this case, which was heard in the Outer House of the Court of Session, the judge (Lord Malcolm)...more
The eviction process can be a confusing and stressful situation for any tenant. There are many rules and procedures that you have to follow. More importantly, your ability to remain in your home hangs in the balance. This...more
The long awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd  WASCA 28 was handed down on 5 February 2014.
As detailed in our Original Article, Primewest (the seller) had commenced action in...more
Introduction. We all know that lease forms are heavily weighted in favor of landlords. Through negotiation, experienced real estate lawyers attempt to lessen the impact on the tenant of some of the more onerous provisions...more
In May of 2013, the Iowa Court of Appeals entered a decision in the Staley v. Barkalow case, which involved a group of various tenants who affirmatively sued their landlord over the content of their lease agreements. It...more
Landlords in Iowa and elsewhere have been facing, with increasing frequency, difficult questions regarding man’s best friend. While landlords must analyze each request by an existing or prospective tenant regarding the need...more
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
Prince George's County Council recently passed CB-27-2013 (Conversion of Rental Housing), to regulate the sale of multifamily rental housing under certain circumstances to protect quality low- and moderate-income affordable...more
Commercial landlords often allow commercial tenants to construct a buildout tailored to their business (e.g., retail stores, restaurants, redesigning office space, etc.). Such tenants hire general contractors who in turn hire...more
A number of recent cases have considered the validity of mitigation schemes adopted by landlords to avoid business rates liability.
Exemption from liability for business rates - the law
The Non-Domestic Rating...more
The automatic stay provided for by section 362 of the Bankruptcy Code is triggered immediately upon the filing of a debtor’s petition with the Bankruptcy Court. Unfortunately, many business owners and managers have a basic...more
The High Court has found it permissible for liquidators of corporate landlords to "disclaim" leases held by solvent tenants.
While it has been typical for the liquidator of an insolvent lessee to repudiate the lessee’s...more
Much is written and read about the rights of tenants. What about property owners? Believe it or not, landlords have rights, too. If you are a landlord in California, you may be unaware of your rights. Or worse yet, you may be...more
Prince George's County has enacted legislation that grants a right of first refusal to the Department of Housing and Community Development (DHCD) prior to the sale of a multifamily rental facility. The bill was signed by the...more
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
The Full Federal Court recently handed down its decision in MBI Properties Pty Limited v Commissioner of Taxation  FCAFC 112 ("MBI Case").
The decision supports the view that neither the vendor or purchaser of a...more
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
WHAT IS DISTRESS?
Levying Distress means "sending in the bailiffs" to seize a tenant's goods in order to recover arrears of rent. It allows a Landlord to take possession of the tenant's goods on the let premises and...more
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