News & Analysis as of

Commercial Leases Statute of Limitations

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 15, 2021

Carlton Fields on

Real Property Update - Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more

Jones Day

Tenant's Election to Retain Possession of Rejected Lease Premises Preserves Obligations Under Related Agreements

Jones Day on

Section 365(h) of the Bankruptcy Code provides special protection for tenants if a trustee or chapter 11 debtor-in-possession ("DIP") rejects an unexpired lease under which the debtor was the lessor by giving the tenant the...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Obermayer Rebmann Maxwell & Hippel LLP

Recent Pennsylvania Superior Court Decision Reiterates a Commercial Landlord’s Obligations to Satisfy Conditions Precedent and...

A recent Pennsylvania Superior Court decision, although non-precedential, reaffirms the need for landlords to satisfy any conditions precedent prior to bringing a collection claim and to assert such claim within four (4)...more

Carlton Fields

The Third Circuit Affirms District Court’s Confirmation of Arbitration Award, Finding That the Panel Did Not Exceed its Powers or...

Carlton Fields on

In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more

Clark Hill PLC

2017-18 Arizona Case Law Affecting Commercial Real Estate and Lending

Clark Hill PLC on

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 13, 2018. Arizona Case Law – Trustee’s Sale Statute of Limitations;...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Carlton Fields on

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

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REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Ervin Cohen & Jessup LLP

Is there a Statute of Limitations on the Term of a Lease a Receiver can Execute?

QUESTION: I am a receiver for a shopping center. I want to enter into a five year lease for one of the stores. Is there a statute or rule that limits the term of leases a receiver can execute?...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update

Carlton Fields on

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - - Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more

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