News & Analysis as of

Commercial Leases Personal Liability

Ervin Cohen & Jessup LLP

Are IRS Claims Junior to Receivership Administrative Expenses?

Q: I was appointed receiver over a manufacturing facility. I operated it for a short time and then obtained court authority to sell it. I netted $1.4 million from the sale. The landlord agreed I could pay it the rent I owed...more

McGlinchey Stafford

Can My Agent Bind Me to an Arbitration Agreement with a Third Party? - McGlinchey Commercial Law Bulletin - August 18, 2023

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Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more

Jenner & Block

Second Circuit Decision Revives Landlord’s Fight for Rights amid Pandemic Ordinances

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The Second Circuit Court of Appeals issued a potentially far-reaching decision reviving New York City’s commercial landlords’ fight against a sweeping ordinance enacted to combat the COVID-19 pandemic’s economic effects,...more

Tucker Arensberg, P.C.

Individual Owners Held Personally Responsible for Withdrawal Liability Based on Rent-Free Leasing Activity

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The Seventh Circuit recently issued an important decision imposing personal liability on individuals for certain debts of their company pursuant to ERISA’s controlled group rules. In Local 705 Int’l Broth. of Teamsters...more

Morrison & Foerster LLP

SDNY Upholds NYC Law Prohibiting Enforcement Of Personal Liability Provisions For COVID-19-Impacted Commercial Tenants

On November 25, 2020, the Southern District of New York upheld Section 22-1005 of the New York City Administrative Code, which renders personal guaranties contained in leases unenforceable for commercial tenants impacted by...more

Mintz - Real Estate, Construction &...

New NYC Legislation Prohibits Enforcement of Personal Liability Provisions in Commercial Leases

On May 26, 2020, Mayor de Blasio signed into effect N.Y.C. Council Int. No. 1932-A (2020). The law amends NYC administrative code by rendering unenforceable provisions in commercial leases providing for personal guaranties by...more

Goulston & Storrs PC

NYC’s Recent COVID-19 Legislation Limits Enforcement of Personal Liability Provisions and Prohibits Harassment for Certain...

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On May 26, 2020, the New York City Council passed two laws, effective immediately, intended to provide relief to certain commercial tenants during the COVID-19 pandemic. These laws supplement federal relief bills and the...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Mayor DeBlasio Signs Legislation Intended to Limit the Enforcement of Personal Liability Provisions in Commercial...

On May 26, 2020, New York City Mayor Bill DeBlasio signed into effect a law (the “New Law”) that amends the administrative code of New York City to prohibit the enforcement of provisions in a commercial lease or other rental...more

Seyfarth Shaw LLP

New Laws Enacted by the New York City Council Purport to Limit Landlord’s Rights Under Certain Leases

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On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more

BCLP

U.S. COVID-19: New York City Enacts Legislation with Ramifications for Commercial Leases

BCLP on

Oh May 26, 2020, Mayor DeBlasio signed into law two of the three bills discussed in our previous alert aimed at providing relief to commercial tenants due to the pandemic crisis. Both laws will go into effect immediately....more

Orrick, Herrington & Sutcliffe LLP

NYC Council Approves Legislation to Aid Small Retail Businesses Affected by COVID 19 Pandemic

Certain guarantors of restaurant, retail, and other commercial leases in New York City may soon be off the hook for tenant defaults occurring during the COVID-19 pandemic, thanks to a bill recently passed by the New York City...more

Burr & Forman

Termination of a Commercial Lease May be an “Avoidable Transfer” in Bankruptcy, holds Seventh Circuit

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In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an...more

Seyfarth Shaw LLP

Landlords Beware

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Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 5, Issue 7 - July 2014

In This Issue: - Department of Finance Announces Updated Commercial Rent Tax Audit Policy on Billboards - ALJ Finds No Hearing Right To Challenge Notice and Demand, and Corporate “President” Is Personally Liable...more

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