Tenants, Landlords | JD Supra Law News

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

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

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

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

by Matthew J. Wilson | Lerners LLP on 2/26/2013

If you are a property owner and want to rent any building containing four or less rental units to a tenant, you may need to comply with the City of London’s Residential Rental Units Licensing By-Law. Single detached...more

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

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

The Tennessee Court of Appeals ruled on January 2, 2013 that a tenant was required to pay its landlord’s Tennessee excise tax liability, based on the terms of the applicable lease agreement. J-Star Holdings, LLC v. The...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Small Tenant Lease Negotiating

by Real Estate Counselors, PLLC on 2/12/2013

Startups, small tenants and non-profits can successfully negotiate several key leasing issues that materially improves the terms of their office space leases. By Peter Pokorny, Real Estate Counselors, PLLC. ...more

Does Your Home Have Lead Paint?

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 2/8/2013

The five boroughs of New York are full of beautiful – and old – apartment buildings. These buildings may contain toxic lead paint, if constructed before the lead paint ban in the late 1970s. The health reasons for the ban...more

Commercial Lease Dispute And The Integration Clause

by Schecter Law on 2/5/2013

In AGBL Enterprises, LLC v. Girlcook, Inc., 96 So. 3d 1058 (Fla. 4th DCA 2012), AGBL Enterprises (“Lessor”) leased a commercial building in a shopping plaza to be used as a full service restaurant to Girlcook (“Lessee”). The...more

Essential Provisions In A Commercial Lease

by Schecter Law on 2/5/2013

When signing a commercial lease, it is essential to understand and agree to all of the provisions. The provisions in a commercial lease are usually designed to favor the landlord; however, a landlord may be willing to...more

Focused on California - January 2013

by Lisa Estabrook, Mike McGuire | Archer Norris PLC on 1/30/2013

In this issue: -Changes to Mobilehome Residency Law effective Jan. 1, 2013 -Civil Code Amendments Pertaining To Non Homeowners In Mobilehome Parks -Changes To The Public Utilities Code -Changes To The...more

Should Tenants Worry About Environmental Liabilities For Their Leased Property?

by Mark E. Beliveau, Kenneth Gray | Pierce Atwood LLP on 1/23/2013

By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting “All Appropriate Inquiry” by obtaining an Environmental Site Assessment before purchase. Doing so is key to...more

Brownfield Tenants Gain CERCLA Liability Protection

by Bruce Flushman | Wendel, Rosen, Black & Dean LLP on 1/15/2013

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

by Ronald Farley | Burr & Forman on 1/11/2013

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

EPA Revises Guidance On Bona Fide Prospective Purchaser Protection For Tenants Under Federal Superfund Law

by Lucas Narducci | Polsinelli on 1/5/2013

On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more

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