News & Analysis as of

Residential Leases

Consultation on leasehold reform: a wide-ranging project

by Dentons on

On 25 July 2017 the Department for Communities and Local Government issued a consultation paper "Tackling unfair practices in the leasehold market" seeking views on "prohibiting the sale of new build leasehold houses,...more

Government proposes to abolish residential ground rents

by Hogan Lovells on

Following a number of recent reports of scandals involving leasehold properties, the Rt Hon Sajid Javid MP, Secretary of State for Communities and Local Government, yesterday issued a consultation paper entitled “Tackling...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Recent Updates to Connecticut Statutory Landlord/Tenant Law

by Shipman & Goodwin LLP on

This past legislative session of the Connecticut General Assembly saw assorted legislation that collectively seeks to further regulate the conduct of landlords, who already must navigate an often cumbersome and confusing...more

When “The Check Is In The Mail” Extinguishes A Debtor’s Obligation

by Allen Matkins on

Most creditors likely assume that they have not been paid unless and until they receive checks from their debtors. In many cases that assumption may be correct, but in some cases it won’t be. Section 1476 of the California...more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real...more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

Iowa Supreme Court Hands Down Decisions in Two Iowa City Residential Landlord-Tenant Cases

by Davis Brown Law Firm on

On May 19, 2017, the Iowa Supreme Court handed down decisions in two highly publicized Iowa City cases in which tenants had brought suit against their landlords - Kline v. Southgate Property Management and Walton v. Gaffey....more

Personal Insights into Arbitration and Trial

by Gray Reed & McGraw on

For nine years, Tilting the Scales has brought legal issues with a business slant –practical and conversation points. Many who we represent are entrepreneurs who prefer to avoid lawyers and, certainly, the courthouse. Few of...more

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

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