News & Analysis as of

Eviction

Pierce Atwood LLP

The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.

by Pierce Atwood LLP on

In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The...more

Ward and Smith, P.A.

What Happens to My Lease in Bankruptcy?

by Ward and Smith, P.A. on

Suppose you own farmland or retail commercial space and you lease your property. What happens to your lease if the lessee files bankruptcy? And what must be done if your lessee wants to continue to honor your lease...more

Bryan Cave Leighton Paisner

A new revolution in Housing Law

by Bryan Cave Leighton Paisner on

Government announced in April 2019 that it would be abolishing section 21 of the Housing Act 1988 which gives Landlords the right to reclaim possession through no fault of the Tenants - so called ‘no fault’ repossessions...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

by Harris Beach PLLC on

New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

Brownstein Hyatt Farber Schreck

Changes Coming for Colorado Landlords and Tenants

Colorado’s 2019 legislative session ended with numerous changes impacting the rights and obligations of residential landlords and tenants. Some of these changes are discussed below....more

Holland & Knight LLP

New Tenant Protection Law Affects Conversions of Rental Buildings in New York - Law Also Impacts Proprietary Leases, Subleases and...

by Holland & Knight LLP on

• New York's Housing Stability and Tenant Protection Act of 2019, which was enacted and became effective on June 14, 2019, will have a sizable impact on a landlord's ability to convert buildings to cooperatives and...more

Pillsbury Winthrop Shaw Pittman LLP

Recent U.S. Postal Service Board of Contract Appeals Decision Sheds New Light on “Holdover” Damages Available to Government...

For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Does Your Lease Agreement Contain a Right of Refusal or Option to Purchase? If So, You Should Read This.

In Cogdill v. Sylva Supply Company, Inc., filed May 7, 2019, the North Carolina Court of Appeals held in a split decision and as a matter of first impression that a right of first refusal contained in a written lease...more

Obermayer Rebmann Maxwell & Hippel LLP

Philadelphia City Council Proposed Right-To-Counsel Ordinance for Low-Income Tenants – What Does it Mean for Landlords?

On May 9, 2019, Philadelphia Councilwoman Helen Gym introduced an ordinance to provide the right to counsel for eligible tenants facing eviction. The proposed ordinance will amend Chapter 9-800 of The Philadelphia Code,...more

Williams Mullen

A Way Back Home: Richmond’s Eviction Diversion Program and What it Means for Landlords and Tenants

by Williams Mullen on

In April 2018, the New York Times reported the grim results of a study that analyzed 83 Million eviction records across the United States. Led by Princeton professor Matthew Desmond, a team of sociologists identified...more

Dentons

Proposals to abolish "no-fault" evictions

by Dentons on

The government has issued its response to its consultation on overcoming the barriers to longer tenancies in the private rented sector in England. The most headline grabbing proposal to come out of that response is the...more

Bryan Cave Leighton Paisner

Biggest change to private rented sector in a generation? – Reading between the lines of the Government’s plans to create “open...

by Bryan Cave Leighton Paisner on

Earlier this week the Government announced to much media fanfare, significant changes to the private rented sector in England. Jeremy Stephen assesses the announcement and what might really happen going forward....more

Obermayer Rebmann Maxwell & Hippel LLP

Some Good News for Philadelphia Landlords with the “Good Cause” Provision

Developments in the approved “Good Cause” ordinance curtailing restrictions found in the proposed bill limiting landlords’ abilities to evict tenants and increase rents. In an exercise of its authority to propose bills...more

Hogan Lovells

RIP the fixed term residential tenancy?

by Hogan Lovells on

Landlords will have to provide a good reason to evict residential tenants from now on, the government announced on 15 April, in a proposed major reform of the private rental market....more

Tonkon Torp LLP

Oregon Adopts First In The Nation Rent Control Law

by Tonkon Torp LLP on

With the Governor's signature on Senate Bill 608 on February 28, Oregon became the first state with a statewide rent control law. The new law took effect March 1 and is applicable only to residential tenancies. The new law...more

Lowndes, Drosdick, Doster, Kantor & Reed,...

Resident Default.

When a resident has failed to pay their monthly fee, what remedy does the ALF owner have under Florida law? It is not the same as a residential eviction under Chapter 83 of the Florida statutes. ...more

International Lawyers Network

Buying and Selling Real Estate in Portugal

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east; in addition to its...more

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

by Miller Starr Regalia on

[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

Holland & Knight LLP

District of Columbia Council Passes Federal Worker Housing Relief Emergency Act

by Holland & Knight LLP on

• The District of Columbia Federal Worker Housing Relief Emergency Act has been unanimously passed by the Council of the District of Columbia and awaits the signature of Mayor Muriel Bowser, who is expected to sign it. •...more

Thompson Coburn LLP

Walk, don’t run: After foreclosing, lenders should pause before evicting tenants in California

by Thompson Coburn LLP on

The California Supreme Court has held that a new owner of property obtained through non-judicial foreclosure must perfect title before serving a written notice to quit on the current tenants. In Dr. Leevil, LLC v....more

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: California Supreme Court Weighs In

by Patton Sullivan Brodehl LLP on

This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center.  The case reviewed the decision of the California Court of Appeal from March 2017...more

Farella Braun + Martel LLP

Evicting Tenants Over “Illegal” Cannabis Operation Comes Back to Bite Landlords in Coverage Dispute

by Farella Braun + Martel LLP on

A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more

Snell & Wilmer

Attorneys’ Fees Are Available in Arizona Eviction Actions

by Snell & Wilmer on

The Arizona Court of Appeals recently held that any successful plaintiff in a forcible detainer action (i.e., an eviction action) may recover an award of its attorneys’ fees and costs incurred at trial under A.R.S. §...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PERC/Dry Cleaners: Wisconsin Appellate Court Addresses Degree of Spill or Release Constituting Breach of Lease

The Court of Appeals of Wisconsin (“Court”) in a September 28th opinion addressed whether a tenant breached a commercial lease because of contamination originating from its dry cleaning operation. See In Re the Writ of...more

Faegre Baker Daniels

Constructive Eviction: A Guide to Landlord-Tenant Disputes

by Faegre Baker Daniels on

“The condition of this space is unacceptable.” “I am not paying rent until you come and repair this leaking roof, the HVAC system, the plumbing, etc.” “The smell or the noise is unbearable – you have to do something about...more

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