Tenants

News & Analysis as of

Litigating a Lease Audit

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful...more

Benefits and Challenges to Leasing to Luxury Tenants

Rather than creating a traditional shopping experience, more and more developers today focus on creating dynamic, unique, and “out-of-the-box” destinations by leasing to “high-end” or “luxury” tenants. Landlords seek out...more

What Landlords and Property Managers Need to Know About the Americans with Disabilities Act

In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual...more

A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers....more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

Forfeiture: High Court grants relief after 14 months

Landlords and agents may have to look again at whether 6 months is sufficient time to allow the tenant to apply for relief, before exercising peaceable re-entry. In Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (CH) the...more

The Legal Implications of Long-Term Guests

One of the more common questions we receive from hotel operators is how to handle guests staying more than thirty days. There are a variety of reasons why hotel patrons pursue extended stays: some prefer the ease and...more

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

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

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

Ground Leasing Commercial Property? Ask the Lender First

Financing ground leases has become an increasingly significant part of commercial real estate lending. However, ground tenants, as borrowers, and their attorneys often fail to include integral lender protections when...more

Construction Industry Scheme - taxing our landlords and tenants

The Construction Industry Scheme (‘CIS’) requires contractors to withhold tax from payments to subcontractors in relation to certain construction work. It is easy to assume that CIS only applies to mainstream contractors, but...more

Prohibition Against Listing Apartments or Units on Home-Sharing Sites

On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned...more

Public Housing Alert

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

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

New California Lease Requirements for Disability Access

Perkins Coie published an alert on July 1, 2013 regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access...more

(UK) Business Rates and Compensation for Tenants

Following our recent update on business rates, we are warning developers to look at their budgets for statutory compensation that may be due at the end of a 1954 Act protected tenancy because of the VOA’s reassessment of...more

(US) Guarantor Services can help you land the dream New York City apartment

Finding an apartment in New York City is a journey in stress management. You’ve done your internet research. You’ve climbed a thousand steps. Now, you’ve found the place of your dreams. Is it too good to be true? It...more

Pennsylvania Commonwealth Court Rejects Department of Revenue’s Attempt to Expand Realty Transfer Tax on Leases

In a decision issued yesterday in Saturday Family and Techspec Inc. v. Commonwealth, the Pennsylvania Commonwealth Court reversed the decisions of the administrative boards and rejected the Department of Revenue’s attempt to...more

Five Holiday Season Tips for Retail Landlords - Updated

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

Residents Must be Alert to Property Fraudsters, UAE Legal Experts Warn

Legal experts say there are precautions residents can take to prevent being defrauded by bogus landlords and property agents. “Unfortunately, fraud pertaining to house hunters and tenants is on the rise,” said Hassan...more

If I get a judgment against my commercial tenant, will I be able to collect?

At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

Give Me a Break! Pitfalls to Avoid When Drafting and Exercising Break Rights

Bringing a lease to an early end is not without its problems. There are countless examples of break clauses which have been disputed in court and the resulting decisions can often be unexpected. Over the last year, there has...more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

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

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

Should I Accept My Tenant’s Rent Payment?

When a retail (or office) tenant falls behind in its rent payments, landlords or their representatives frequently ask what appears to be a simple question: “Should I accept the tenant’s rent payment?” The answer is not at all...more

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