News & Analysis as of

Tenants

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

Peaceful Self-Help In Pennsylvania

by Fox Rothschild LLP on

In Pennsylvania, landlords are prohibited from employing self-help evictions when dealing with tenants and former tenants. However, querry if such prohibition exists when property owners seek to evict trespassers. Trespassers...more

Don't Get Stitched

by K&L Gates LLP on

You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...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

Code of Civil Procedure Section 664.6 Gets 86’d

by Selman Breitman LLP on

On November 29, 2017, the California Court of Appeal issued its published opinion in Sayta v. Chu (A148823) which sets forth clear and express requirements for invoking Code of Civil Procedure section 664.6 and provides an...more

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

by Jaburg Wilk on

The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...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

BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

by King & Spalding on

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren...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

Marijuana and the “Illegal/Dishonest Acts Exclusion”: Making Sense of K.V.G. Properties, Inc. v. Westfield Insurance Company

by Reed Smith on

A recent federal court decision in “a property loss insurance case” involving the unauthorized growing of marijuana could have a negative impact on the enforceability of insurance policies sold to legitimate marijuana-related...more

Government issues draft Tenant Fees Bill banning residential letting fees

by Hogan Lovells on

Earlier this year, we blogged on the government’s proposals to ban residential letting fees.  On 1 November, the government took the next step towards realising those proposals by publishing the draft Tenant Fees Bill....more

Complying with Lancaster’s Proposed Amendments to Lead Hazards Ordinance

by Barley Snyder on

Lancaster’s city council continues to target lead hazards in city rental units with a new version of a city ordinance. The proposed amendment that attorneys from Barley Snyder are tracking would impose certification and...more

Trends in Tenant Leasing Positions

by King & Spalding on

Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...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

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

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