News & Analysis as of

Tenants Contracts Clause

Cadwalader, Wickersham & Taft LLP

Contracts Clause Rears Its Powerful Head for a Landlord

In a recent case, 513 West 26th Realty LLC v. George Billis Galleries Inc., a New York Supreme Court addressed whether the COVID-era personal guaranty relief statute (the Guaranty Law) violated the Contracts Clause of the...more

Stoel Rives LLP

Negotiating Insurance Provisions for Commercial Landlords

Stoel Rives LLP on

When commercial landlords negotiate leases with prospective tenants, they understandably focus on key commercial terms, such as rental rate and renewal options. While that focus is justified, landlords should never overlook...more

Katten Muchin Rosenman LLP

Navigating Break Clauses in Commercial Leases: How to Avoid Breaking Bad

Exercising break clauses in commercial leases can often prove to be a legal minefield for any tenant (and, in some cases, a landlord) seeking to do so. Strict adherence to any conditions and notice requirements for the...more

Sands Anderson PC

Navigating the Labyrinth: Unraveling the Differences Between Commercial and Residential Leases in Virginia

Sands Anderson PC on

As the new year approaches, entrepreneurs across Virginia are gearing up to take their ventures to the next level and turn plans into reality. For many, the first crucial step in this journey involves securing a commercial...more

Patton Sullivan Brodehl LLP

Landlord’s Constitutional Challenge to Covid-19 Eviction Moratorium Fails

As the first federal court of appeals to address a challenge to the constitutionality of a COVID-19-related eviction moratorium under the Contracts Clause of the United States Constitution, the Ninth Circuit Court of Appeals...more

ArentFox Schiff

Landlords Lose: New York Federal Court Upholds Landlord/Tenant Laws Due to COVID-19

ArentFox Schiff on

On November 25, 2020, a New York federal court ruled in Melendez v. The City of New York, No. 20-CV-5301 (S.D.N.Y.) denying an injunction and declaring constitutional NYC Council’s newly enacted anti-harassment and guaranty...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: We’re All in This Together, but Landlords Are About to Take a Bath – SDNY Upholds Constitutionality of NYC’s...

As the COVID-19 pandemic unfolded upon New York City, policymakers grappled with impossible decisions regarding how to protect public health and stave off economic ruin for individuals, businesses and the economy at large....more

Womble Bond Dickinson

The CDC’s Eviction Moratorium and the Pending Lawsuit to Stop It

Womble Bond Dickinson on

Two weeks ago, on September 2, 2020, the Centers for Disease Control (“CDC”) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of...more

Bradley Arant Boult Cummings LLP

CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

The Centers for Disease Control (CDC) recently issued a sweeping moratorium on most evictions through the end of 2020 as a means to stop the spread of COVID-19, which will go into effect on September 4, 2020. According to...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

Nossaman LLP on

In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

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