News & Analysis as of

Residential Leases

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

Government proposes to abolish residential ground rents

by Hogan Lovells on

Following a number of recent reports of scandals involving leasehold properties, the Rt Hon Sajid Javid MP, Secretary of State for Communities and Local Government, yesterday issued a consultation paper entitled “Tackling...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Recent Updates to Connecticut Statutory Landlord/Tenant Law

by Shipman & Goodwin LLP on

This past legislative session of the Connecticut General Assembly saw assorted legislation that collectively seeks to further regulate the conduct of landlords, who already must navigate an often cumbersome and confusing...more

When “The Check Is In The Mail” Extinguishes A Debtor’s Obligation

by Allen Matkins on

Most creditors likely assume that they have not been paid unless and until they receive checks from their debtors. In many cases that assumption may be correct, but in some cases it won’t be. Section 1476 of the California...more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real...more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

Iowa Supreme Court Hands Down Decisions in Two Iowa City Residential Landlord-Tenant Cases

by Davis Brown Law Firm on

On May 19, 2017, the Iowa Supreme Court handed down decisions in two highly publicized Iowa City cases in which tenants had brought suit against their landlords - Kline v. Southgate Property Management and Walton v. Gaffey....more

Personal Insights into Arbitration and Trial

by Gray Reed & McGraw on

For nine years, Tilting the Scales has brought legal issues with a business slant –practical and conversation points. Many who we represent are entrepreneurs who prefer to avoid lawyers and, certainly, the courthouse. Few of...more

The standard of fairness in South African law – a case for the petroleum industry

by Dentons on

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without...more

Leasing Alert (Dutch)

by Dentons on

Renewal after 14 years! Last year, we informed you through the various channels about the flexibility of the living space tenancy (including the extension of temporary leases) as of July 1, 2016 and the rental rate...more

West Coast Real Estate Update - April 2017 #2

by Holland & Knight LLP on

California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations - As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

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