News & Analysis as of

Landlords Liens

Davis Wright Tremaine LLP

Can a Contractor Hired by a Commercial Tenant Record a Lien on the Landlord's Property?

Commercial tenants frequently hire contractors to perform work in their leased space. If the tenant does not pay the contractor, can the contractor record a lien against the leased premises? In Oregon, it will likely depend...more

Miller Nash LLP

Lien Rights on Tenant Improvement Work: A Cross-Jurisdictional Perspective

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Tenant improvement work is a common source of construction liens. When liens arise out of tenant improvement work, the question is always: does the lien attach to the owner/landlord’s ownership interest in the property, or...more

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

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This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more

Latham & Watkins LLP

COVID-19: Auswirkungen auf Rechtspositionen von Vermietern

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Welche Handlungsmöglichkeiten stehen dem Vermieter im Falle COVID-19 basierter Mietzahlungsausfälle zur Verfügung? Durch das „Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Zivil-, Insolvenz- und...more

Lowndes

Protecting Yourself Against Lien Claims

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If you are a commercial Landlord or property manager, hopefully you are taking advantage of a Florida statute that allows you to limit the Landlord’s liability for lien claims resulting from work performed by your Tenants’...more

Bennett Jones LLP

Ontario Landlords May Now Have Lien Claim Exposure from Tenant’s Work

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The Construction Act (Ontario) (formerly known as the Construction Lien Act) (the “Act”) was substantially amended last year. The first phase of those amendments came into force in Ontario July 1, 2018. Under the Act as it...more

Arnall Golden Gregory LLP

Distraint – How a Georgia Landlord Can Obtain a Million Dollar Judgment and Perfect its Landlord’s Lien Against its Tenant’s...

During 2017, there was only one statutory distraint (distress warrant) proceeding (O.C.G.A. §§ 44-7-70 et seq.) filed by any landlord in Georgia’s most populous county – Fulton. The dearth of cases in which Georgia landlords...more

Dentons

A Forgotten Tool for Commercial Landlords - Statutory Landlord’s Liens

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The laws of Iowa give commercial property lessors/landlords an often forgotten tool to use when a tenant owes rent and other monthly lease expenses defined as “rent” under the lease agreement. This tool is called a statutory...more

Arnall Golden Gregory LLP

News from AGG's Retail Industry Team - Spring Edition

By now, we’ve all realized that rideshare services such as Uber and Lyft have materially impacted a number of industries during their relatively short lifetimes. For this real estate lawyer, 2016 represented the year in which...more

Arnall Golden Gregory LLP

Lien on Me: When is a Landlord Liable to a Tenant’s Contractors and Suppliers?

Almost every commercial retail lease provides that the tenant shall not allow any materialman’s or mechanic’s liens to be filed against the landlord’s real property. Moreover, in the event that a contractor or supplier does...more

Shutts & Bowen LLP

If I get a judgment against my commercial tenant, will I be able to collect?

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At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

Baker Donelson

Violation of Lease Provisions Can Negate a Mechanic and Materialman's Lien

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Construction professionals performing work and supplying materials to a project for a tenant on leased property may want to see a copy of the lease before they agree to participate and may need to monitor compliance with the...more

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