News & Analysis as of

Tenants

Tenants Gain Broader Liability Protection Under CERCLA

by McGuireWoods LLP on

Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and...more

Tenants and Personal Property after a Foreclosure Sale

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled...more

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

Landlords, Let’s Be Reasonable: Otherwise You Might Pay the Price

by Reed Smith on

Landlords take note, on the back of a recent case, you face an increased risk that tenants will challenge costs which they are responsible for in a lease. The case in question related to tenants’ challenge of insurance costs...more

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

Consent to Assign – Taking the Good with the Bad

by Reed Smith on

The case of No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd surprised the legal profession in 2016 when the court held that one bad reason for refusing consent to assign a lease effectively trumped two...more

Commercial Evictions: Mitigation in Commercial Lease Defaults

by Pepper Hamilton LLP on

When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

Ruff Justice: implying reasonableness in applications for consent

by Hogan Lovells on

A management company’s refusal of consent to keep a pet in a flat gives us an opportunity for bad puns and gives landlords ‘paws’ for thought. After Mr and Mrs Kuehn bought a leasehold flat in East London, only one thing...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a...more

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

by Arnall Golden Gregory LLP on

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

Hold the Legalese! Ontario Has a New Standard Residential Lease

by Bennett Jones LLP on

Starting April 30, 2018, landlords and tenants entering into private residential leases must use Ontario’s new standard form of lease. The standard form is intended to simplify the rental agreement process in Ontario. It is...more

Appellate Ruling Impacts Availability Of Yellowstone Injunctions

by Cole Schotz on

The ability to obtain a “Yellowstone” injunction has long been a saving grace for commercial tenants faced with a disputed default under their lease. A recent decision of the New York State Appellate Division, however, could...more

Overriding Interest Spring 2018

by K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Legislation to Combat Unfair Residential Practices - The Electronic Communications Code - New Joiners - Events - Global Real Estate Team...more

Exclusive Use Provisions in Commercial Leases

by Ward and Smith, P.A. on

Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more

Iowa Residential Landlords - A 2017 Review and 2018 Preview

by Davis Brown Law Firm on

Overall, 2017 was a decent year in terms of new legislation and case law for Iowa landlords. The Iowa Legislature passed two favorable pieces of legislation, and two decisions by the Iowa Supreme Court contained certain...more

Property damage, cannabis production at issue in landlord’s insurance coverage dispute

by Thompson Coburn LLP on

A high-profile federal court ruling from Michigan stresses how important it is for landlords to monitor the activities of their tenants. The same decision has provoked discussion about how courts may approach insurance...more

Fining for Tenant Violations? You Might be Doing it Wrong

by Husch Blackwell LLP on

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since...more

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

by Perkins Coie on

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

OTA & Travel Distribution Update - Airbnb avoids liability for lease violations; Short-lived successes at Room Key; Hopper makes...

by Garvey Schubert Barer on

The first installment of our weekly OTA & Travel Distribution Update for 2018 is below. A mix of stories in this week’s Update....more

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

Super Bowl LII: An Update on Short-Term Rentals

by Hellmuth & Johnson PLLC on

Super Bowl LII hosted in Minnesota will impact just about every area of our economy, including real estate. In a prior article, I discussed issues surrounding short-term rental of homes to accommodate the influx of members of...more

Strategies for Managing Tenant Problems

Property managers are usually the first point of contact when tenant problems arise. As the facilitator of the landlord and tenant relationship, property managers must take steps to prevent, address and deescalate tenant...more

Your Tenant Has Filed for Bankruptcy: What Should You Do?

Unfortunately, commercial tenant bankruptcies have become common and are likely to continue as a commercial landlord, what are your rights and what should you do when your tenant has just filed for bankruptcy protection? A...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

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