News & Analysis as of

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

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

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

Mainebiz Real Estate Insider – Tips for Tenant Defaults & Terminations

When a tenant defaults in payment of rent, or other terms of the tenancy, tempers flare. Landlords and tenants may make exaggerated allegations or rashly give notices via cell phone, text or email. As a commercial or...more

Round Two – Ground Rent Holders vs. Legislature – Goes to…

In a case decided February 26, 2014, State of Maryland v. Stanley Goldberg, et al., No. 8, September Term, 2013, the Maryland Court of Appeals found that legislation that replaced the remedy of ejectment with a...more

NJ Law Grants Tenants Implied Right To Attorney’s Fees Under Residential Leases

New Jersey’s residential landlord/tenant statute has long been considered “tenant-friendly.” This trend continues with the recent enactment of Assembly Bill 3851signed into law by Gov. Chris Christie on January 17, 2014....more

Is your WA lease destroyed on a transfer? - The Primewest appeal

The long awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd [2014] WASCA 28 was handed down on 5 February 2014. As detailed in our Original Article, Primewest (the seller) had commenced action in...more

EB-5 and the Tenant Occupancy Issue as Applied to Hotel Employees

Since the release of its “Tenant Occupancy” Notice on February 17, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Requests for Evidence on pending regional center applications and exemplar...more

Frustration of Purpose: A Frustrating Doctrine

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin [Video]

Attorney Jeff Moerdler, head of Mintz Levin's Real Estate and Communications practices in New York, discusses the major issues affecting both tenants and landlords in lease negotiations....more

Subtenants Should Carefully Consider Legal Issues of Sublease Arrangements

Depending on the situation, sometimes leasing space from another tenant is a good business decision in terms of price, location and size. While a sublease arrangement makes sense from a business perspective, a subtenant...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

Illinois Supreme Court to Debate Controversial Condominium Decision

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in a high-profile appeal from the Second District, Spanish Court Two Condominium Association v. Carlson. ...more

The Hidden Dangers in Assignment and Subletting Clauses

Real estate and legal professionals each play a role in a commercial lease transaction. While Real estate agents create the framework for the transaction, lawyers are responsible for filling in the details. The assignment...more

General Guidelines For Florida Landlords

Below are some general guidelines and checklists that Florida landlords may want to consider when dealing with tenants, including pre-litigation tips and recommended lease provisions. ...more

Rent Increases in Residential Tenancies

When can the rent be increased? - When beginning a tenancy, the landlord and tenant decide on what the rent will be for the rental unit and what services will be included in the rent (for example, electricity, heat, and...more

Renewal Options in a Lease: Tips and Traps for Landlords and Tenants

Whether you are a landlord or a tenant, one of the crucial terms to consider when negotiating a lease is the renewal clause. The renewal clause grants the tenant an option, or several consecutive options, to renew the lease...more

IRS Scrutinizes 1031 Exchanges Involving Related Parties

The recent Tax Court case of Adams v. Commissioner serves as a reminder that in structuring 1031 exchanges, it is important to avoid the appearance of a transaction that is not at arm’s length....more

Co-Tenancy Complexities

Tenants seek co-tenancy rights while landlords are reluctant to grant them. Tenants often rely on a certain tenant mix of national or regional tenants to be a draw for customers to visit the shopping center. But what happens...more

Buyer and tenant beware - Registration of leases in Western Australia

'Buyer beware' has long been a catch cry in the real estate industry. The old saying still rings true and has been reinforced by a recent decision of the Supreme Court of Western Australia to the extent that, in the...more

Real Estate Tip – Ground Leasing Part 2: By-Agreement & Percentage-Rent Options

In our last real estate tip, we discussed the importance of good rent adjustment methods in long-term ground leases. Today, we look at the pros and cons of two rent-adjustment options...more

Chicago Continues to Aggressively Regulate Foreclosed Properties with New Requirements on Tenant Leases

In early June, the City of Chicago passed the "Keep Chicago Renting" ordinance (SO2012-5127), which requires that the owner of foreclosed properties offer existing tenants renewal of their lease or pay expenses to the tenant...more

Tornados And Leases – Who Pays?

Winn Blohn knew the storm was coming before it lifted the roof and parts of the second floor from his home....more

Violation of Lease Provisions Can Negate a Mechanic and Materialman's Lien

Construction professionals performing work and supplying materials to a project for a tenant on leased property may want to see a copy of the lease before they agree to participate and may need to monitor compliance with the...more

Getting In: Preparation and Delivery of Leased Premises

The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a...more

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