News & Analysis as of

Residential Leases

The standard of fairness in South African law – a case for the petroleum industry

by Dentons on

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without...more

Leasing Alert (Dutch)

by Dentons on

Renewal after 14 years! Last year, we informed you through the various channels about the flexibility of the living space tenancy (including the extension of temporary leases) as of July 1, 2016 and the rental rate...more

West Coast Real Estate Update - April 2017 #2

by Holland & Knight LLP on

California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations - As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

Licence or lease? The inadvertent tenancy

by Dentons on

The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a...more

California Residential Leases: Ten Things to Know (Part 2)

by McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more

Real Estate & Construction Law Update

by Barley Snyder on

Death and Residential Leases: What Landlords Need to Know - A new state law has created a much-needed shift in the state’s landlord/tenant law for residential leases that real estate professionals need to be familiar...more

Landlords Win San Francisco Legal Battle

by Miller Starr Regalia on

Who is responsible for the housing crisis in San Francisco, and what can government do to solve it? As property values have climbed in San Francisco and surrounding areas, that problem has increasingly vexed elected...more

California Residential Leases: Ten Things to Know (Part 1)

by McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 1 of a two-part series listing ten important rights and responsibilities every...more

Quit (Illicit) Smoking – new proposals will affect landlords

by Hogan Lovells on

Landlords could potentially find themselves hit with new lease requirements, periodic checking obligations and even financial penalties following the publication of the ‘Sanctions to tackle tobacco duty evasion and other...more

What businesses need to know about amendments to Canadian consumer protection laws in 2017

by DLA Piper on

The past year has been a busy one for provincial governments and consumer protection laws in Canada. Several provinces have been busy closing gaps and loopholes that had resulted in some businesses being caught by consumer...more

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

by Cozen O'Connor on

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

by Tonkon Torp LLP on

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection...more

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

Torts – Habitability Claims – Attorneys’ Fees

by Low, Ball & Lynch on

Christie Hjelm, et al. v. Prometheus Real Estate Group, Inc. - Court of Appeal, First Appellate District (October 5, 2016) - Civil Code § 1942.4 provides for attorneys’ fees in an unlawful detainer action in...more

Housing is Top of Mind: Results of Bay Area Affordable Housing and Rent Control Measures

by Coblentz Patch Duffy & Bass on

With rising housing costs remaining a priority concern for the region, affordable housing had a major presence on Bay Area ballots this November. As detailed below, voters in three municipalities and three counties across the...more

Public Housing Alert

by Ward and Smith, P.A. on

Technical notice requirements, grievance procedures, and other aspects of federal law and regulation make evictions by public housing authorities ("PHAs") uniquely complex.  Since 1967, North Carolina law imposed an...more

Consents to assign – one wrong invalidates two rights

by Dentons on

The High Court decision in No.1 West India Quay (Residential) Ltd v. East Tower Apartments Ltd [2016] EWHC 2438 (Ch) is a stark reminder to both landlords and tenants of the need to be aware of and to comply with the...more

Short-term lettings frustrated by user covenant

by Dentons on

The decision of the Upper Tribunal in Iveta Nemcova v. Fairfield Rents Limited [2016] UKUT 303 (LC) is a reminder that it is not just the alienation covenant that must be considered when a tenant seeks to deal with its lease....more

Scottish Government publishes consultation on model form of new private residential tenancy

by DLA Piper on

The Scottish Government has published a consultation paper seeking views on secondary legislation and further policy to support the new private residential tenancy being introduced under the Private Housing (Tenancies)...more

Let's Talk North Carolina Leases: The Leased Premises Is Primary

We talked in our last piece about the parties to a lease, and the nuances of that requirement. Today, as promised in our last post, we discuss the "leased premises". A lease is a contract. It is a contract in which the...more

Tax Implications For Real Property Leasing

by Morgan Lewis on

Reforms to China’s value-added tax raise issues that landlords should consider when designing leasing structures and negotiating rental terms. On May 1, 2016, China’s value-added tax (VAT) replaced the business tax in...more

Condominium Leasing Restrictions’ Impact on FHA Home Loan Eligibility

Frequently, the governing documents of condominium associations contain limitations on the ability of owners to lease or sell their property, such as provisions requiring owners to obtain the Association’s approval before...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

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