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Landlords

McGuireWoods LLP

Virginia Supreme Court Requires Formalities of a Deed for Long-Term Leases

by McGuireWoods LLP on

The Virginia Supreme Court recently found a 15-year lease unenforceable because it was not executed with the formalities of a “deed” in accordance with Virginia law. Game Place, L.L.C. v. Fredericksburg 35, LLC, 813...more

Coblentz Patch Duffy & Bass

Commercial Landlords Beware: Competing Tax Measures On June Ballot

Competing special purpose tax measures are on the San Francisco June ballot, both of which would raise the tax on gross receipts from the lease of commercial space in San Francisco. ...more

Field Law

Defence + Indemnity: April 2018 - II. Liability Issues A.

by Field Law on

II. LIABILITY ISSUES - A. Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant’s...more

Lewitt Hackman

What Are The Rights Of A Non-Paying Month-To-Month Tenant?

by Lewitt Hackman on

When a month-to-month tenant stops paying rent and a landlord initiates an unlawful detainer lawsuit, does the tenant maintain tenancy rights in the premises pending the resolution of the lawsuit? ...more

Goulston & Storrs PC

ICSC RECon In Full Swing

by Goulston & Storrs PC on

ICSC is in full swing at the Las Vegas Convention Center this week. This is the world’s largest gathering of retail real estate professionals....more

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

Bears in the Breezeways? Apartment Project Owners and Managers Could Be Liable for Bear Attacks

The Florida Fish and Wildlife Conservation Commission (FWC) receives numerous telephone calls each year reporting black bear sightings significant enough to prompt safety concerns. Since 2013, there have been several...more

Faegre Baker Daniels

Five Things to Remember When Repossessing Abandoned Rental Property

by Faegre Baker Daniels on

Dealing with a delinquent tenant can be one of the most stressful scenarios for a commercial landlord or developer. It’s no secret that tenants who cannot or will not pay rent (or otherwise perform according to the parties’...more

Varnum LLP

Detroit City Income Tax Alert: Detroit Aggressively Pursues Third Party Information

by Varnum LLP on

The City of Detroit has reportedly filed a lawsuit against Bedrock, a commercial real estate company owned by Dan Gilbert. The city has been seeking tenant information from Bedrock to determine whether the tenants have evaded...more

White and Williams LLP

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

by White and Williams LLP on

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Proskauer For Good

Proskauer Housing Court Victory Highlights Importance of Universal Representation

by Proskauer For Good on

When I walked into Manhattan Housing Court a few weeks ago, I knew we had a strong case. Our client, a disabled 87-year-old woman, was facing eviction from the rent-controlled apartment where she has been living for more than...more

Whitman Legal Solutions, LLC

Cobras, Mortgages, and Violas: What are Your Contracts and Policies Incentivizing?

Recently, I heard a parent express concern that her child had been encouraged by the school music teacher to switch from violin to viola because the orchestra needed more violas. For switching to viola, the child would...more

Nutter McClennen & Fish LLP

A Guaranty May Be Enforceable Even If Collection Of The Underlying Debt Is Barred

by Nutter McClennen & Fish LLP on

In Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., the Massachusetts Appeals Court considered whether a release of a landlord’s claims against a tenant for unpaid rent precluded the landlord from bringing a collection...more

Weiner Brodsky Kider PC

Judge Rules that Seattle Cannot Require Landlords to Rent to First Qualified Applicants

by Weiner Brodsky Kider PC on

A trial judge in King County Washington Superior Court recently ruled that the City of Seattle may not enforce a “first in time” law, which required landlords to rent their property to the first qualified applicant, even if...more

Dentons

Consents to assign: two out of three ain't bad

by Dentons on

Who knew Meat Loaf knew so much about real estate law? In a recent decision the Court of Appeal confirmed that when it comes to providing good reasons for refusing consent to assign, "two out of three ain't bad". As such the...more

Hogan Lovells

New Lease Code for Old

by Hogan Lovells on

The professional statement, “Code for leasing business premises”, published by the Royal Institute of Chartered Surveyors (RICS) incorporates the proposal for a new lease code. The consultation period in relation to this...more

Tonkon Torp LLP

Real Estate Winners and Losers Under Federal Tax Overhaul

by Tonkon Torp LLP on

In a prior post, I highlighted the effect the December 2017 Tax Cuts and Jobs Act has on Section 1031 tax deferred exchanges. While those changes affected investors in everything but real estate, other provisions of the Act...more

Weiner Brodsky Kider PC

Virginia Amends Provisions Relating to Foreclosure under Landlord and Tenant Law

by Weiner Brodsky Kider PC on

The state of Virginia recently enacted House Bill 857, pertaining to Landlord and Tenant Law. Some of the provisions are included in order to conform general landlord and tenant provisions to the Virginia Residential...more

Goulston & Storrs PC

Bankruptcy Lease Auctions – Landlords Can Play Too

by Goulston & Storrs PC on

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. ...more

Mintz Levin - Commercial Real Estate Matters

The Rise of Short-Term Apartment Rentals: Concerns and Opportunities for Multifamily Owners

Previously on this blog, my colleagues posed the question to commercial landlords, “Do you know who’s working in your building?” In this post, I look at a different aspect of the sharing economy—residential short-term rentals...more

Fox Rothschild LLP

The Green Elephant In The Room: In Re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018)

by Fox Rothschild LLP on

Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth...more

Dentons

Break notices when is a tenant not a tenant

by Dentons on

In yet another illustration of the registration gap, the High Court has confirmed in Sackville v. Robertson [2018] EWHC 122 (Ch) that an assignee of a registered lease may be precluded from exercising a contractual break...more

Spilman Thomas & Battle, PLLC

WVCCPA and the 2018 West Virginia Legislative Session Update #1

The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that...more

Fox Rothschild LLP

Court Issues Guidance Concerning Evaluating When An Animal Might Be A “Direct Threat”

by Fox Rothschild LLP on

When evaluating assistance animal requests from our residents, one of the issues faced by apartment leasing offices across the country is what to do if the animal is believed to be a “direct threat.” The law is absolutely...more

Hellmuth & Johnson PLLC

Outside the Bricks, Mortar and Numbers: Multifamily Property Due Diligence

by Hellmuth & Johnson PLLC on

In my previous career as a real estate broker, I used to advise clients there are three legs to a multifamily property valuation stool: Physical – the physical structure and mechanicals... Originally Published in Volume...more

Fox Rothschild LLP

Credit Screen? Check. Criminal Background Screen? Check? Immigration Status Screen? Think Again.

by Fox Rothschild LLP on

Acting pursuant to state law, the New York Division of Human Rights initiated a complaint against a property manager in New York City alleging discrimination against individuals based on their immigration status. The...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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