Tenants

News & Analysis as of

Seattle Residential Landlords — New Registration and Inspection Requirements

The first deadline under the City of Seattle’s new Rental Registration and Inspection Ordinance (“Ordinance”) is coming up at the end of this month. The law is intended to ensure that residential housing meets basic safety...more

Real Estate Tip – Resolving Ambiguities Between Landlords and Tenants

Courts have many ways of deciding whether a lease means what the landlord says it means or what the tenant says it means. Here are three typical techniques and examples to help resolve ambiguities: Decide against the...more

What Exactly Is A Subordination, Non-Disturbance And Attornment Agreement, And Why Do I Need One?

While most commercial leases contain a requirement that the tenant will execute a “Subordination, Non-Disturbance and Attornment Agreement,” commonly referred to a an “SNDA,” a majority of tenants who have signed such leases,...more

Lease renewal proceedings and section 30(1)(c) Landlord and Tenant Act 1954

It is unusual for landlords to oppose a lease renewal under section 30(1)(c) of the Landlord and Tenant Act 1954, but a recent decision by the Court of Appeal in the case of Horne & Meredith Properties v Cox and Billingsley...more

Social Media Concerns Potentially Affecting Arizona’s Real Estate Industry

A growing number of governmental authorities are cracking down on the use of social media with regard to commercial transactions. In Arizona, for example, legislation was proposed restricting an employer’s right to access...more

Hilton on the hook: No release for the guarantor

A new Court of Appeal decision handed down on Friday 5 September has given landlords some comfort that leases entered into before a line of cases that ruled many guarantee provisions invalid will still be interpreted in a...more

Let’s Get This Straight, A URL Is Not An Address (At Least In This Case)

Technology continues to challenge the law. For example, what does it mean for someone to have an address? Is that where a person is physically located or where that person can be found in cyberspace? Such were the...more

Who Will Think of the Tenants: Split in Authority Regarding the Interplay Between Bankruptcy Code Sections 363(f) and 365(h)(1)(A)

A useful tool granted to trustees (and debtors-in-possession) in bankruptcy is the ability to assume or reject leases.1 The trustee can exploit this power to the estate's economic advantage, either assuming or rejecting the...more

BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt

The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your...more

Mainebiz Real Estate Insider – Commercial Insurance Issues

Whether you’re a landlord or a tenant, insurance options for commercial real estate can be daunting. Knowing what to ask your insurance broker can save the day. This sampler of issues will help you and your broker manage risk...more

Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”

In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of the leased portion of the sold property for the remainder of its lease. ...more

Raising Loan-to-Value with a Credit Tenant Lease

As the commercial real estate debt market continues to rise, owners and developers are becoming aware of an alternative to more traditional financing products – credit tenant lease finance. In some instances, credit tenant...more

A Landlord's Guide to Landlord's Waivers: Five Potential Pitfalls For Landlords to Consider

Tenants, in the course of obtaining financing, often ask their Landlords to sign a Landlord’s Waiver. Landlord’s Waivers are intercreditor agreements for the benefit of the tenant’s lender or equipment lessor, stipulating the...more

Six Considerations for Rent Arbitration Clauses in Commercial Leases

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the...more

Delaware Bankruptcy Court Faces Split Among the Courts Concerning Scope of a Landlord’s Claim Against a Tenant in Bankruptcy

The Delaware bankruptcy court will soon be forced to rule on the scope of a landlord's claim in bankruptcy, an issue on which courts around the country have been split for many years. In the case of In re Masonite Corp. (Case...more

Tenants Beware: Your Landlord’s Bankruptcy Could Result in a Lost Lease

It is unfortunate, but true: a commercial tenant may someday be required to deal with a bankrupt landlord. Any bankruptcy filing can be complicated and chaotic. But, a tenant faced with a landlord’s is more than just a...more

Idaho Real Estate & Development Law Update: Robinson v. Mueller

In the case of Robinson v. Mueller released April 1, 2014, the Idaho Court of Appeals covered some new ground and revisited some old ground. New Ground: “As between a tenant’s social guest and the landlord--the...more

Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1

Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus...more

Student Accommodation Update - May 2014

Operators in the student accommodation sector must deal with complex obligations relating to legionella - Legionella is caused by the spread of bacteria in hot and cold water systems. Investors holding student...more

Mainebiz Real Estate Insider – Protecting the Penny Wise in a Lease

Some penny wise clients resist advice to get real estate out of their own individual names, opening themselves to unnecessary risk. Fortunate clients, who have not met the “trial bar” up close and personal, sometimes still...more

N.C. Court of Appeals Upholds Use of Zoning Powers Against Landlords to Regulate Parking By Tenants

Pretty, Huh? Chapel Hill, North Carolina is a beautiful town like any other beautiful town. It has restaurants and parks and movie theaters and many renting and owning residents. But Chapel Hill is also a college...more

Real Property, Financial Services & Title Insurance Case Law Update: May 2014 #1

I. FLORIDA STATE CASES - SARA WITMEYER - - Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more

From Second and State: Capitol Wrap – Week of May 5

House Debates Amendment to Post-Production Costs Bill - An amendment to a bill, which would prevent oil and gas companies from deducting post-production costs from their royalty payments, was debated on the House floor...more

What’s the Use? Use Clauses in Commercial Leasing

Most retailers and landlords will have seen the recent announcement by Loblaws wherein they stated that they were going to start selling fresh food in certain Shoppers Drug Mart locations, the perfect example of the evolution...more

From Second and State: Capitol Wrap

The House and Senate will reconvene on Monday, May 5, 2014. This will be the last session week until after the May 20 primary. Here’s what happened in Harrisburg this week: Waterfront Development - Senator...more

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