Experienced landlords are familiar with the risks associated with a holdover tenant that does not leave the premises at the end of the lease. A holdover can prevent a new tenant from moving into the premises as scheduled and...more
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
After a lease expires, but a tenant holds over, what terms and conditions of the lease are still enforceable? The North Carolina Court of Appeals issued an opinion on May 7, 2019 partially answering this question by ruling...more
LEGISLATION - The following bills affecting real property are still alive in the Mississippi legislature following the March 5 deadline for committees to report general bills originating in the other house: HB...more
In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under a lease....more
[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
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more
Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more
Surplus proceeds resulting from a residential foreclosure sale are rare. By nature, homeowners facing foreclosure are generally underwater on their mortgage, and have not been able (or willing) to achieve a short sale. But...more
On July 15, 2015, the Centers for Medicare & Medicaid Services (“CMS”) published proposed regulations governing policies and payments made under the 2016 Physician Fee Schedule (the Proposed Rule). Notably, the Proposed Rule...more
Whether you are a commercial tenant or landlord, the issue of lease renewal versus lease extension can impact your business enormously. Recent Indiana cases have reaffirmed that understanding your leasehold obligations can...more