News & Analysis as of

Residential Leases

Residential leasehold: will good intentions lead to good law?

by Dentons on

In 2017 the Department for Communities and Local Government launched a consultation on "tackling unfair practices in the leasehold market" (see our related update). The government has now issued its response to the feedback...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

by Steptoe & Johnson PLLC on

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is...more

Slate of New Housing Bills Take Effect January 1, 2018

Governor Brown signed into law a slate of 15 new housing bills last fall. Three of those bills that related to funding sources for housing went into effect immediately, while the other 12 took effect on January 1, 2018. These...more

PA Residential Landlords Beware!

Pennsylvania Court Adds ‘Last Month’s Rent’ to Definition of ‘Security Deposit’ - As most residential landlords know, the Pennsylvania Landlord and Tenant Act (the “Act”) contains comprehensive and complicated rules and...more

Defence + Indemnity: December 2017 - II. Liability Issues B.

by Field Law on

II. LIABILITY ISSUES - B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a...more

Government to ban leasehold houses and set ground rents at zero

by Hogan Lovells on

Following the consultation in summer 2017 on ground rents and leasehold houses the government has published its response with the following headline proposals...more

New rules for financial leasing in Italy

by White & Case LLP on

New rules establish a legal framework for financial leasing agreements in Italy.   Before the new rules, financial leasing agreements lacked a dedicated legal regime in Italy. Instead, Italian courts applied - at times...more

Questions Management Cannot Ask When A Resident Seeks A Reasonable Accommodation Or Reasonable Modification

by Fox Rothschild LLP on

As apartment management company employees review and evaluate reasonable accommodation and reasonable modification requests, there are many times in which the leasing office believes it needs supplemental information in order...more

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

by Snell & Wilmer on

On November 14, 2017, the Court of Appeals (Division 1), in Offerman v. Granada, LLC, 2017 WL 5352664, reversed a trial court order directing specific performance of an alleged option to purchase real property, holding that...more

Real News - Autumn/Winter 2017

by DLA Piper on

You may have heard about the digital currency known as “Bitcoin”, a system of electronic cash that can be traded peer-to-peer solely via the internet. Whilst Bitcoin’s wild price swings and internet success have been the...more

OTA & Travel Distribution Update - Nov. 17th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update is below and features stories on both traditional OTAs and short-term rentals. Enjoy....more

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

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

Rental Income Guarantee Scheme introduced for private sector Build to Rent developments in Scotland

by DLA Piper on

On 12 October the Scottish Government announced the launch of a Rental Income Guarantee Scheme (RIGS) which will see the Government sharing a proportion of landlords' rental income risk associated with qualifying Build to...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

Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in...more

Keeping It Real Estate Blog: The Rise and Rise of Short Term Lettings

by Hogan Lovells on

Thanks to the popularity of short term lettings, we are benefiting from a wealth of choice and flexibility in holiday accommodation. Wherever the destination, there will certainly be unique properties available at reasonable...more

New Scottish private residential tenancy regime to come into force on 1 December 2017

by DLA Piper on

Regulations have been published confirming that the new form of Scottish residential tenancy (known as the "private residential tenancy" (or "PRT")) will be introduced on 1 December 2017, being the date on which the main...more

Tenants Beware – The Ninth Circuit Has Ruled That The Bankruptcy Code Can Be Used By A Landlord To Strip A Tenant’s Right To...

by Ervin Cohen & Jessup LLP on

Just last month, the Ninth Circuit issued a ruling in the case of Matter of Spanish Peak Holding II, LLC, that is potentially devastating to a tenant that leases property from a landlord that files for bankruptcy relief....more

Statutory Duties to consider in Underwriting (including some that deal with animals)

by Pessin Katz Law, P.A. on

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

Consultation on leasehold reform: a wide-ranging project

by Dentons on

On 25 July 2017 the Department for Communities and Local Government issued a consultation paper "Tackling unfair practices in the leasehold market" seeking views on "prohibiting the sale of new build leasehold houses,...more

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