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Breach of Contract › Property Owners › Tenants

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

Cadwalader, Wickersham & Taft LLP

Contracts Clause Rears Its Powerful Head for a Landlord

Cadwalader, Wickersham & Taft LLP on

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

DarrowEverett LLP

Lease Guarantees: What Landlords Should Know When Negotiating

DarrowEverett LLP on

While landlords prefer tenants with the strongest financial positions to sign leases, they may sometimes accept a “shell” entity — created solely to operate the business at the leased premises — provided that an upper-tier...more

Holland & Knight LLP

Surrender Condition: Your Lease May Lack a Key Automatic Default Provision

Holland & Knight LLP on

For commercial landlords, ensuring that tenants return the leased premises in the agreed-upon condition is crucial to protecting their property and income. One effective way to enforce this is by making a tenant's failure to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Leased Residence: Lessee Files Circuit Court of Washington County Complaint Alleging Certain Causes of Action

Mitchell, Williams, Selig, Gates & Woodyard,... on

Stacy Harper (“Harper”) and her minor daughter (“T.T.”) filed a December 23rd Complaint in the Circuit Court of Washington County, Arkansas incorporating the following causes of action due to the alleged presence of mold in a...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

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The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

White & Case LLP

When Do Defects Prevent Practical Completion?

White & Case LLP on

Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

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