Law School Toolbox Podcast Episode 265: Listen and Learn -- Constructive Eviction
Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction
This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more
The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more
Aside from the contractually agreed upon early termination clauses (whether fault-based or based upon economics, business needs or other factors) and a landlord’s statutory remedy of terminating a lease due to non-payment of...more
Earlier this week, Proskauer and the Washington Lawyers’ Committee filed a class action lawsuit on behalf of tenants of the Meridian Heights apartment building (“Meridian Heights” or the “Property”), against the owner and...more
Hot Springs Health Providers, LLC (“Health Providers”) filed an October 18th Complaint in the Circuit Court of Garland County, Arkansas, against Shiloh Place Manor, LLC (“Shiloh Place”). See 26CV-221-1107. The Complaint...more
Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more
In our last installment of the Lease Dispute Series, we talked about tenant payment of real estate taxes. Today, we’ll talk about the covenant of quiet enjoyment. North Carolina law implies a number of covenants in...more
Welcome back to the Law School Toolbox podcast! Today's episode is another installment of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. This time we're talking about a topic...more
Almost six months into the COVID-19 global pandemic, it is apparent that the commercial leasing landscape has changed indefinitely. Going forward, landlords and tenants will need to re-evaluate certain common lease provisions...more
In my last post, “Real Estate Alphabet Soup: P is for Property” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “Q.”...more
On June 30, 2020, the Iowa Supreme Court rendered a decision in Karen Cohen v. David Clark and 2800-1 LLC, an emotional support animal (ESA) case, involving one tenant in need of an ESA and another tenant with severe pet...more
The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) - On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more
Welcome back to the Bar Exam Toolbox podcast! Today's episode is part of our "Listen and Learn" series, and this time we'll review a topic from real property -- namely, constructive eviction. In this episode, we discuss: ...more
Seyfarth Synopsis: New York residential rental building owners, cooperative corporations and condominium associations and their managing agents are left out of Governor Andrew Cuomo’s June 6 Executive Order 202.38 which among...more
Many leases for commercial property contain an express covenant of “quiet enjoyment,” which typically provides that the property owner may not interfere with the tenant’s use and occupancy of the property so long as the...more
As the coronavirus outbreak continues to develop, now is the time for the Retail Industry to consider response actions to help mitigate their risk and prepare for how they will deal with the fallout from the coronavirus. The...more
In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the...more
On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more
Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more
The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North...more
Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more
A favorite teaching tactic in legal ethic courses is putting on and taking off different caps to illustrate the different roles lawyers play in various relationships. This “on again/off again” routine demonstrates that the...more
Previously on this Law Advisor, I questioned whether an IRU is really an IRU. In particular, after peeling back the layer of the IRU onion, what really is it? I suggested that an IRU is a capital lease with the right to quiet...more
Landlords and tenants pay much time and attention to the basic economic terms of a lease as well as other highly contested provisions, such as assignment and subletting and defaults and remedies. But parties often skim over...more