Residential Leases

News & Analysis as of

Landlords, Leases And The Servicemembers Civil Relief Act

As President Obama slows the drawdown of troops overseas — and as the nation expands its fight against ISIS — a growing number of service members will seek the benefits and protections of a nearly century-old law that...more

A Contractual Attorney Fee Provision Cannot Override the Statutory Cap on Attorney Fees in a Small Claims Appeal

Michael Dorsey v. The Superior Court of San Diego (Crosier) - Court of Appeal, Fourth Appellate District (October 22, 2015) - Small Claims Court exists so those with meritorious claims under $10,000 can have their...more

Security of Tenure for Students in Scotland?! Have Your Say…But Time is Short!

The Private Housing (Tenancies) (Scotland) Bill was introduced in the Scottish Parliament on 7 October 2015. The Bill introduces a new tenancy (called the "private residential tenancy") for all future private sector tenancy...more

Real Estate Update: Rent Control Measures in the Private Housing Tenancies (Scotland) Bill

The Private Housing Tenancies (Scotland) Bill was introduced to the Scottish Parliament on 7 October 2015. In the consultations which preceded the Bill, the possibility of the introduction of rent controls was the most...more

How to Evict a Tenant

The ideal situation in a landlord-tenant relationship is the timely adherence to the provisions of the lease, producing mutual benefit for both parties to the contract. Unfortunately, sometimes this relationship deteriorates...more

Judicial Foreclosure: Things That Can Go Sideways During The Redemption Period

Judicial foreclosure is uncommon in California. In most cases, lenders will pursue nonjudicial foreclosure (aka “trustee’s sales”), which are simple, quick, and efficient. But when a lender is dead-set on recovering a...more

Making the Move from Massachusetts: Changing Your Domicile May Prove Challenging

Labor Day will soon be upon us and with that a change of seasons here in Massachusetts. While it’s not quite time to take out the winter woolies, the dismal 2016 winter weather predictions for the Northeast may have already...more

Real estate in Paris - Pre-emption right empowers the city

IMMOBILIER A PARIS: L’arsenal renforcé de la commune pour préempter - Dans un contexte où le mécanisme d’encadrement des loyers des logements instauré par la loi ALUR devrait, selon le communiqué de presse du cabinet de...more

North Carolina Governor Signs HB 174/Session Law 178 into Law – Altering Foreclosure Rights & Remedies in the Landlord-Tenant...

North Carolina Governor Pat McCrory signed HB 174/Session Law 178 into law on August 5, modifying several requirements to the foreclosure process in the landlord-tenant context. Of particular importance, the bill amended the...more

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...more

Idaho Real Estate & Development Law Update: In Idaho, CC&R Amendments May Add New Burdens, Not Just Modify Existing Ones

In the recent case of Virgil Adams v. Kimberley One Townhouse, released June 22, 2015, the Idaho Supreme Court covered some new ground and revisited some old ground. The case involved a townhouse subdivision governed by a...more

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Energy Efficiency in the Rented Sector

The UK government has a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. As domestic buildings were responsible for 25% and non-domestic buildings for 12% of total carbon...more

Does “Red Tagging” Terminate a Lease?

There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them...more

Second Circuit Revives Fair Housing Disability Bias Suit

In a very significant move, earlier this week the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) reinstated a Fair Housing Act (“FHA”) lawsuit and held that there was sufficient evidence to defeat summary...more

Virginia Commercial Real Estate Bills – Effective July 1, 2015

Sands Anderson’s Commercial Real Estate Team followed the 2015 Virginia legislative session for bills related to the real estate industry. Below is our selection of the top five we felt you would find most relevant to your...more

(UK) Residential Service Charges Update

As increasing numbers of investors now include residential and mixed use properties in their portfolios there are bound to be issues dealing with the residential element of service charges and you really can’t be too careful...more

Client Alert: New Florida Law Protecting Tenants in Foreclosure

New Florida Law Protecting Tenants in Foreclosure - On June 2, 2015, Florida Governor Rick Scott signed into a law a new statute titled "Termination of rental agreement upon foreclosure," which became effec­tive upon...more

No Cause of Action for Wrongful Death by Suicide, Illinois Supreme Court Holds

In the closing days of the May term, the Illinois Supreme Court unanimously declined an invitation to create a tort cause of action for wrongful death in cases where the decedent committed suicide. ...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

N.C. Court of Appeals Speaks On "Violations" of Residential Rental Agreement Act

The North Carolina Court of Appeals reversed a trial court decision, rendered in the wake of a bench trial (i.e., tried without a jury), wherein the trial court held that a residential landlord violated the North Carolina...more

Thousands of applicants are willing to accept NYC “Poor Door” building

The Housing Plus Blog has previously reported on the “Poor Door” controversy on August 14, 2014 and September 3, 2014. The New York Times reported on April 20, 2015 that 88,000 people applied for the 55 units located in the...more

Illinois Supreme Court Appears Skeptical of Wrongful Death Claim Arising From Suicide

Earlier this month, the Illinois Supreme Court heard oral arguments in Turcios v. The DeBruler Company. Turcios poses a simple question: can a plaintiff state a claim for wrongful death arising from a suicide? Our detailed...more

Tenants are Left in the Cold after the Sunset of the Protecting Tenants in Foreclosure Act

For a time, the Protecting Tenants in Foreclosure Act of 2009 (“the Act”) provided some protection for tenants against foreclosures on a landlord’s property. The law gave tenants in foreclosed properties protections against...more

Upcoming Energy Efficiency Requirements in the Rented Sector

The UK government has set a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. Since energy use in buildings is a major source of UK carbon emissions, improving their energy...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

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