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Liens Commercial Leases

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

Kramer Levin Naftalis & Frankel LLP

Ninth Circuit Joins “Minority” of Courts That Allow Property to be Sold in Bankruptcy Free and Clear of Leaseholds

The Ninth Circuit recently held, in Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), No. 15-35572, 2017 U.S. App. LEXIS 12526, 2017 WL 2979660 (9th Cir. July 13, 2017), that a...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

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

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Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Bilzin Sumberg

Construction Concepts Tip #5: Developer Protection Against Tenant-Improvements

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Before Contracting to Lease Commercial Space, Be Sure to Protect the Property Against Potential Liens - As multiuse high-rises and commercial buildings are once again springing up in areas of Downtown, Brickell, and...more

Gray Reed

The Top 7 Things To Consider Before Buying A Restaurant

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There are so many things to consider when buying a restaurant that we decided to break that list down to just seven issues. If you only look at these issues, you should avoid most of the big hazards when you buy your next...more

Eversheds Sutherland (US) LLP

Legal Alert: Georgia Court of Appeals Upholds Lien, but the Lien May Have Limited Value

In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more

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