News & Analysis as of

Landlords

Overview of the Tenant Fees Bill 2017

by Dentons on

As part of the government's drive to improve transparency and fairness within the lettings market, the Tenant Fees Bill has recently been introduced in Parliament. A key provision of the Bill is the prohibition on landlords...more

The hidden exposure of tenant estoppels and SNDAs

by Thompson Coburn LLP on

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are...more

Help! I am a residential landlord and I received a rent escrow action summons in the mail

by Hellmuth & Johnson PLLC on

If you are a landlord of residential rental property in the state of Minnesota, you may be subject to a rent escrow action to remedy alleged “violation(s)” at your property....more

Focus on Leasing: Existing Equipment Issues

SOMETIMES IT MAKES SENSE TO LOOK EVEN A GIFT HORSE IN THE MOUTH. Existing Furnishings – Sometimes in commercial leasing, landlords will offer to lease a premises with existing equipment left by a prior tenant. It might be...more

When Being a Good Neighbor Can Expose You to Liability

by Ruder Ware on

In Wisconsin, we have a strong tradition of landowners opening up their land to snowmobile clubs, hunters, trappers, cross-country skiers, and other members of the public. While giving visitors the chance to enjoy the...more

Trends in Tenant Leasing Positions

by King & Spalding on

Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...more

Fixing a Loophole – B.C. to Restrict Fixed-Term Residential Leases

On October 26, 2017, the provincial government introduced Bill 16, which amends the Residential Tenancy Act (RTA) and other acts. The proposed amendments were introduced in the context of public concern about alleged...more

We Want Our Neighborhood Back: A North Carolina Homeowners Association's Guide to the Use and Enforcement of Rental Restrictions

by Ward and Smith, P.A. on

Lending you a cup of sugar, offering to watch the kids, or grilling out on a summer afternoon— whatever the activity, our neighbors are a key part of what makes our communities familiar and unique. Neighbors help make a...more

Model tenancy agreement for Scottish private residential sector published

by DLA Piper on

On 18 October the Scottish Government published a model tenancy agreement for the new Scottish private sector residential tenancy regime, which comes into effect (under the Private Housing (Tenancies) (Scotland) Act 2016) on...more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Issues to Consider in Rights of First Refusal

by Ward and Smith, P.A. on

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration

by Hellmuth & Johnson PLLC on

This blog post is the first in a three part series. The next posts will cover Business Interruption Coverage and Reinsurance. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks...more

Commercial Real Estate Newsletter - October 2017 (Dutch)

by Dentons on

Valued relationships, We, like many of you, returned from a useful visit to the Munich Expo. It lives and busts again and the agendas were well filled. We also noted that with you. Traditionally, we are looking forward to...more

Timing And Buildout Considerations in Lease LOIs

by Womble Bond Dickinson on

Letters of intent (LOI) for leasing space may not be binding contractual documents, but they can set the stage for smooth lease negotiations which result in fewer legal costs, and save you money in the long term by forcing...more

Is a Cannabis Lease Void as an Illegal Contract?

by Garvey Schubert Barer on

A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale

by Jones Day on

The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of...more

Focus on Leasing: Commencement Date Issues

WHEN DOES A LEASE START AND WHEN DO THE TENANT’S OBLIGATIONS BEGIN? Answers to such questions may not be that simple. Contractual Obligations – Absent express language to the contrary, each party’s obligations under a...more

Commercial Leases Underwater from Harvey

by Gray Reed & McGraw on

Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment...more

Landlord-Tenant – Collateral Estoppel Doctrine Bars Issues Adjudicated in Unlawful Detainer Action

by Low, Ball & Lynch on

Alfonso Ayala v. Randy Dawson - Court of Appeal, First District (August 4, 2017) - Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with...more

Ever Hear Of A Emphyteutic Leasehold?

by Allen Matkins on

I have often remarked on the debt that the Anglo-American legal lexicon owes to French and Latin. Greek has made a much smaller contribution. In reading Professor Peter Heather’s The Fall of the Roman Empire: A New History...more

Commercial landlords beware! Time to modify your lease form allowing encumbrance of tenant’s interest?

by Thompson Coburn LLP on

The California Court of Appeal recently held that a lender that took possession of a defaulting tenant’s premises and then transferred its interest to a third party was not liable to the landlord for future rent. In BRE DDR...more

Commercial Leasing Issues: Understanding Net versus Gross Leases

The question may arise as to which party pays for the operating costs in a commercial lease. Generally speaking, “Net” leases are those leases in which the operating costs are not included in the base rent and “Gross” leases...more

A Game-Changer for Industrial and Commercial Leasing? 'Business-to-Business' Services and the 'Ultimate Consumer' Test

by K&L Gates LLP on

A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria. The Court of Appeal's decision in IMCC Group (Australia) Pty Ltd v CB Cold...more

How much is too much? NY AG stops Simon Property from enforcing its 60-mile radius restriction

by Thompson Coburn LLP on

In shopping center leases, the landlord may agree to protect current tenants with exclusive use provisions, blocking future tenants from competing with the already existing businesses...Landlords also limit tenants’ uses...more

OTA & Travel Distribution Update - Aug. 18th, 2017

by Garvey Schubert Barer on

This week’s Update for the week ending August, 18, 2017 is below. Short-term rental regulation is featured prominently in this week’s Update...more

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