News & Analysis as of

(UK) New Rules for ASTs

The snappily titled Assured Shorthold Tenancy Notice and Prescribed Requirements (England) Regulations 2015 come into force 1st October 2015....more

New Temporary Regulations Narrow the Application of the Subpart F Active Rents and Royalties Exception

On September 2, 2015, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Temporary Regulation § 1.954-2T concluding that third party arrangements cannot be taken into account for...more

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 26 & July 3, 2015

REAL PROPERTY UPDATE - Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more

Class Action Plaintiffs Continue Attack on Residential Rent Late Fees

Plaintiffs’ lawyers have recently taken aim at REITS and other owners and managers of multi-family property portfolios - filing class action lawsuits seeking damages and to invalidate late fee charges imposed under...more

Landlord Can Sell Property and Still Recover Unpaid Rent

Can a landlord recover unpaid rent that came due after the landlord sold the building? According to a recent Michigan Court of Appeals decision, the answer may be "yes."...more

Is Your Landfill or Other Wasting Asset Fairly Assessed?

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the...more

The 'Rents: NCDOT Is Looking to Charge Rents, While Residential Tenants Are Denied Class Certification to Collect Rent Deposits

We've been quiet these past few weeks but the world has not been. We'd like to talk today about two entirely unrelated but fascinatingly fun topics: (1) the North Carolina Department of Transportation's ("NCDOT") idea to...more

Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

Administration Rents: Goldacre Overruled

An important recent Court of Appeal decision, Pillar Denton Ltd and others v Jervis and others; re Games Station [2014] EWCA Civ 180, has overruled the controversial “Goldacre Ruling” and significantly changed the law on how...more

Landlords Welcome Landmark Decision In Re Game Station

LONDON - The Court of Appeal in the case of Re Game Station has held that rent payable by a tenant that enters administration is a priority expense of the administration while the leasehold premises are being used for the...more

Right of First Refusal Act in Prince George's County, Md., Impacts Multifamily Rental Properties

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

H.R.2612 - Public Buildings Savings and Reform Act of 2013 Underscores DMV Rent Caps

Following a May 2012 directive from the White House Office of Management and Budget, federal agencies are now prohibited from increasing their space while concurrently reducing the amount of space under lease. As a...more

CAUSE FOR DISTRESS? The remedy of distress is being abolished from 6 April 2014

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

CIS Legal Update - September 2013: Recent Developments of Russian Court Practice on Lease of Real Estate

The Supreme State Commercial Court of the Russian Federation (the "Supreme State Commercial Court") issued Decree No. 13 (the "Decree") on 25 January 2013 clarifying certain issues relating to lease agreements. The Decree...more

Tenants Beware on Commercial Leases

Commercial leases can be dozens of pages long. It’s easy to miss something critical — such as who’s responsible for HVAC repairs or what the tenant can or cannot do in the space. While there are many consumer protections...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

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

Tax Free Income For Up To 14 Days Rental Of Personal Residence

Planning a vacation this summer but don't know how to finance it? Consider renting out your personal residence while you are away and pocketing the rental income tax-free!...more

Administration Rents: Next Stop - Court of Appeal

A key legal High Court hearing on the “Goldacre Ruling”, which deals with how rent is paid during an administration (and often leaves landlords out of pocket), means that the Court of Appeal will now consider whether “rents...more

HUD Issues Revised Instructions for Rental Assistance Demonstration

The U.S. Department of Housing and Urban Development (HUD) has released revised instructions for the Rental Assistance Demonstration (RAD) program....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

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

Getting The Most Bang For Your Buck – Considering Usable vs. Rentable Square Footage

In commercial leases the leased premises is usually defined in terms of rentable square feet. Tenants often focus their negotiations on the rental rate for those square feet....more

Leases Don’t Last Forever

Did you know that leases which may have been intended to be renewable in perpetuity, if at all uncertain in that regard, will be construed as importing but one renewal?...more

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