Tenants

Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

by Lorin Combs, Holly Magliolo | Winstead PC on 5/21/2013

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,...more

Real World - May 2013: Mind the gap – insurance issues for tenant fit-out works

by Navpreet Janduar | Dechert LLP on 5/20/2013

Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building’s footprint lies in the heart of the city’s commercial centre. The...more

Real World - Spring 2013: Break clauses - tenants should err on the side of caution

by David Gervais | Dechert LLP on 5/16/2013

With the outlook for the UK economy still rather patchy at best, it is not surprising that tenants have in recent times been looking closely at their lease terms and, in particular, any break rights that they may have, with a...more

Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5 [Video]

by Lawyers.com on 5/13/2013

May is the most popular month to move. Every year 40 million americans move and one in every 5 moves results in a property damage claim. Lawyers.com Editor-in-Chief, Larry Bodine is interviewed about the legal woes of...more

Larry Bodine's Interview on News 4 Jax (WJX4) [Video]

by Lawyers.com on 5/13/2013

Lawyers.com Editor-in-Chief, Larry Bodine is interviewed about the legal woes of moving. You can learn much about moving companies online. The information can be helpful, but it is wise to get a written estimate based on the...more

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

by Jeff Ifrah on 5/6/2013

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

Is It Legal for My Landlord to Raise the Rent?

by Janet Raasch | Lawyers.com on 4/30/2013

Whether or not your landlord can raise your rent depends on a number of variables, including the terms of your agreement and where you live. But here are some general guidelines....more

City May Not Use “Anti-SLAPP” Motion to Dismiss Claim That City Employee Falsely Told Potential Tenants That Property Owner Was...

by Jon E. Goetz, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 4/24/2013

Property owners often bristle at statements that local government staff make to prospective tenants or purchasers of their property, concerned that they will be scared away by overly harsh or inaccurate speech. When those...more

Navigating Commercial Lease Assignment Provisions: Tenants Beware

by Frank Cerza, Cristina Meng | Pepper Hamilton LLP on 4/23/2013

Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more

CMBS Special Servicer Team Leads Training on Strategies to Effectively Address Defaulting Tenant in Common Borrowers

by Baker, Donelson, Bearman, Caldwell &... on 4/19/2013

Baker Donelson's CMBS Special Servicer team recently lead a training session for one of our clients on unique issues and strategies involved with defaulted loans involving tenant in common (TIC) borrowers. We have seen...more

Real Estate Tip – Tenant Fit-Up: When is the Job Complete?

by Richard Smith | Bernstein Shur on 4/12/2013

Rent payments may be tied to a fit-up completion date, such as the tenant’s opening or receipt of an architect’s certificate. Once the fit-up work is complete and the tenant is paying rent, what happens if the landlord...more

FTC Sends FCRA Warning to Providers of Rental Histories

by John L. Culhane, Jr., Alan S. Kaplinsky, Mercedes Kelley Tunstall | Ballard Spahr LLP on 4/11/2013

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

by Emily Lamond, Robert Lawrence | Orrick, Herrington & Sutcliffe LLP on 4/8/2013

Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...more

Remedies of a Commercial Landlord

by Matthew J. Wilson | Lerners LLP on 4/2/2013

If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s...more

Appellate Notes: Week of March 25

by Edward McCreery III | Pullman & Comley, LLC on 3/28/2013

In This Issue: - SC18915- Misiti, LLC v. Travelers Property Casualty Co. of America - SC18840- New England Road, Inc. v. Planning & Zoning Commission - SC18804- Cordero v. University of Connecticut...more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

Proper consideration: 10 points to cover in a lease’s letter of intent

by Michael Strand | Snell & Wilmer L.L.P. on 3/18/2013

Originally published in the Colorado Real Estate Journal - February 20, 2013 – March 5, 2013. Too often, prospective landlords and tenants give scant attention to the letter of intent stage of their negotiations. The...more

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

by Richard Smith | Bernstein Shur on 3/15/2013

In a recent Missouri case, a landlord lost a very significant commercial tenant and a title search company lost $48 million because of an incomplete permitting process. The tenant sued the title search company for failing to...more

Ownership of Leasehold Improvements

by Matthew J. Wilson | Lerners LLP on 3/12/2013

Many commercial leases provide that other than a tenant’s own trade fixtures and merchandise, pretty well everything else that the tenant installs in the premises is considered to be a leasehold improvement. Moreover, all...more

Lien Rights of Lenders and Landlords - Part II

by John Kelly | Bean, Kinney & Korman, PC on 3/11/2013

In Part I of this blog post, we discussed the varied interests of the landlord and the tenant's lender in the tenant’s personal property located at the premises in the context of a commercial lease. Part II below will...more

Burr Alert: Salt In A Lender's Wound: What Actions Should A Lender Take Under The Newest Version Of The ‘Protecting Tenants At...

by Meredith Minkus | Burr & Forman on 2/28/2013

In the context of residential foreclosures, one of the biggest issues facing foreclosing lenders is handling non-borrower tenants and occupants of the subject property. Tenant and occupant issues have, until recently, been...more

EPA Issues Revised Enforcement Guidance Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision

by Douglas Eilender | Cole Schotz on 2/27/2013

Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and...more

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Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Real World - May 2013: Mind the gap – insurance issues for tenant fit-out works

Real World - Spring 2013: Break clauses - tenants should err on the side of caution

Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5 [Video]

Larry Bodine's Interview on News 4 Jax (WJX4) [Video]

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

Is It Legal for My Landlord to Raise the Rent?

City May Not Use “Anti-SLAPP” Motion to Dismiss Claim That City Employee Falsely Told Potential Tenants That Property Owner Was...

Navigating Commercial Lease Assignment Provisions: Tenants Beware

CMBS Special Servicer Team Leads Training on Strategies to Effectively Address Defaulting Tenant in Common Borrowers

Real Estate Tip – Tenant Fit-Up: When is the Job Complete?

FTC Sends FCRA Warning to Providers of Rental Histories

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

Remedies of a Commercial Landlord

Appellate Notes: Week of March 25

Appellate Notes: Week of March 18, 2013

Proper consideration: 10 points to cover in a lease’s letter of intent

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

Ownership of Leasehold Improvements

Lien Rights of Lenders and Landlords - Part II

Burr Alert: Salt In A Lender's Wound: What Actions Should A Lender Take Under The Newest Version Of The ‘Protecting Tenants At...

EPA Issues Revised Enforcement Guidance Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision

North Carolina Securities Act Claims Take Shape In The Business Court

Overview of the City of London's Residential Rental Units Licensing By-Law

Tennessee Appeals Court Holds that Tenant Is Required to Pay Landlord’s Tennessee Excise Tax

Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5 [Video]

Larry Bodine's Interview on News 4 Jax (WJX4) [Video]

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