News & Analysis as of


Commercial Evictions: Mitigation in Commercial Lease Defaults

by Pepper Hamilton LLP on

When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

News from Second & State

Weekly Wrap: - With only the Senate in town this week, it was relatively quiet on the legislative front. On Monday, the Senate Appropriations Committee reported out S.B. 21 (Mensch, R-Berks). Known as the “Employment First...more

Arbitration and Eviction: A Recipe for Delay

Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

Peaceful Self-Help In Pennsylvania

by Fox Rothschild LLP on

In Pennsylvania, landlords are prohibited from employing self-help evictions when dealing with tenants and former tenants. However, querry if such prohibition exists when property owners seek to evict trespassers. Trespassers...more

Human Rights Considerations & Best Practices for Energy Companies

by King & Spalding on

International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Sixth Circuit: Firm's Post-Foreclosure Conduct Does Not Violate FDCPA

by Ballard Spahr LLP on

Recently, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit brought against a foreclosure firm—Reimer, Arnovitz, Chernek & Jeffrey (the Reimer firm)—under the Fair Debt Collection Practices...more

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

by Snell & Wilmer on

Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

by Farrell Fritz, P.C. on

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code....more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there...more

Eviction Immediately After Foreclosure?

Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property....more

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

Arizona case could point way on enforcement of commercial leases for medical marijuana dispensaries

by Thompson Coburn LLP on

Just across the California-Arizona border, there’s an appellate case worth paying attention to, because it could signal whether California courts will hold that a commercial lease to operate a medical marijuana dispensary is...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

West Coast Real Estate Update - April 2017 #2

by Holland & Knight LLP on

California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations - As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

by Snell & Wilmer on

Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...more

Squatting in mansions: The risk to residential as well as commercial premises

by Hogan Lovells on

Since the beginning of this year, the so called Autonomous Nation of Anarchist Libertarians has occupied a number of multimillion pound residential properties in and around Belgravia. Autonomous Nation’s cause is to...more

New Law on Revenge Evictions Goes Cold

by Hogan Lovells on

The BBC reported this week that fewer than half of the local authorities in England have been called upon to prevent so-called “revenge evictions” since new laws came into force on 1 October 2015....more

West Coast Real Estate Update: December 2016

by Holland & Knight LLP on

Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

by Snell & Wilmer on

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

Public Housing Alert

by Ward and Smith, P.A. on

Technical notice requirements, grievance procedures, and other aspects of federal law and regulation make evictions by public housing authorities ("PHAs") uniquely complex.  Since 1967, North Carolina law imposed an...more

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

by Best Best & Krieger LLP on

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

Should I Accept My Tenant’s Rent Payment?

by Arnall Golden Gregory LLP on

When a retail (or office) tenant falls behind in its rent payments, landlords or their representatives frequently ask what appears to be a simple question: “Should I accept the tenant’s rent payment?” The answer is not at all...more

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