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Tenants Leases Lease Termination

DarrowEverett LLP

Rent is Due: Strategies for Landlords with Financially Unstable Tenants

DarrowEverett LLP on

Even landlords who conduct in-depth analyses of tenant credit and financial health will experience some tenants who become financially unstable during the term of the lease. In an environment where replacing tenants can be...more

Lowenstein Sandler LLP

SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate

Lowenstein Sandler LLP on

Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

Miller Starr Regalia on

The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...more

Hogan Lovells

When a Guest outstays their welcome: the court’s discretion in opposed lease renewals in the UK

Hogan Lovells on

On a protected lease renewal, a landlord may rely on the following "fault" grounds to oppose the grant of a new lease:  (a) Failure by the tenant to comply with its repair and maintenance obligations...more

McDermott Will & Emery

Update Miet- und Pachtrecht: Gesetzesbeschluss Vom 17. Dexember 2020 zur Anpassung Pandemiebedingter Vorschriften

McDermott Will & Emery on

Der Deutsche Bundestag hat im Anschluss an den Beschluss der Bundeskanzlerin mit den Regierungschefinnen und Regierungschefs der Länder am 17. Dezember 2020 ein Gesetz zur Anpassung pandemiebedingter Vorschriften u. a. im...more

Weintraub Tobin

Frustration Of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis

Weintraub Tobin on

Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more

Hogan Lovells

Don’t take it personally: Is the benefit of an agreement for lease personal to the landlord?

Hogan Lovells on

In Bella Italia Restaurants Limited v Stane Park Limited, Bella Italia had entered into a conditional agreement for lease with its prospective landlord, the Trustees of the Churchmanor Pension Scheme....more

Hogan Lovells

Confirmation from the Court of Appeal: Exercising CRAR will waive a right to forfeit

Hogan Lovells on

In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to...more

Obermayer Rebmann Maxwell & Hippel LLP

Exit Strategies For Commercial Tenants: Key Provisions For Early Termination of a Lease

There are various scenarios under which a commercial tenant may wish to terminate its lease.  One of the most common reasons is that the tenant’s business is expanding and the tenant has outgrown the leased space....more

Shutts & Bowen LLP

My Dog Ate My Lease Renewal Notice

Shutts & Bowen LLP on

If a tenant wants to renew its lease and fails to send the landlord written notice on time of its intent to renew, is the tenant out of luck? ...more

Shutts & Bowen LLP

Don’t lock out your tenant, even if the lease says so

Shutts & Bowen LLP on

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...more

Arnall Golden Gregory LLP

Should I Accept My Tenant’s Rent Payment?

When a retail (or office) tenant falls behind in its rent payments, landlords or their representatives frequently ask what appears to be a simple question: “Should I accept the tenant’s rent payment?” The answer is not at all...more

Arnall Golden Gregory LLP

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

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