News & Analysis as of

Dispute Resolution Landlords

Winstead PC

Structuring Co-Tenancy Clauses: A Collaborative Approach to Risk and Remedy

Winstead PC on

In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose...more

Arnall Golden Gregory LLP

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more

Patton Sullivan Brodehl LLP

Easement Cannot be Granted on Inconsistent Theories

An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

Adams & Reese on

Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Katten Muchin Rosenman LLP

If You Wanted Heat, You Should Have Put It In The Lease

A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more

Offit Kurman

Virginia Sees Surge in Civil Lawsuits in 2024: How to Avoid Collection and Eviction Litigation

Offit Kurman on

Civil lawsuit filings in Virginia's General District Courts increased more than 6% in 2024. The biggest increase? Warrants in debt (collection lawsuits) increased by 27%. A warrant in debt is a civil lawsuit to pursue...more

Stikeman Elliott LLP

The Quebec Court of Appeal Clarifies the Rules of Engagement When Negotiating Renewal Terms for a Commercial Lease – The Freedom...

Stikeman Elliott LLP on

In 2177 23rd Avenue Holdings v. Pival International inc. (2025 QCCA 19) dated January 9, 2025, the Quebec Court of Appeal rendered an enlightening decision on the obligation of a landlord to negotiate the terms and conditions...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Clarifies Option-to-Purchase Clause

The recent case of 1785192 Ontario Inc. v. Ontario H Limited Partnership, 2024 ONCA 775 (Ontario H Limited Partnership) demonstrates that a purchaser who fails to tender the full purchase price required under an...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

McGlinchey Stafford on

Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

Moritt Hock & Hamroff LLP

Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course...

Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary...more

Awatif Mohammad Shoqi Advocates & Legal...

High Demand for Dubai Property: Legal Challenges and Solutions

Dubai's real estate market has displayed a remarkable recovery post the pandemic, marked by property demand. However, within this positive backdrop, certain landlords have attempted to impose substantial increases in annual...more

MG+M The Law Firm

Delaware Tenants Get Their Own Miranda Rights

MG+M The Law Firm on

On June 14, 2023, the Delaware General Assembly passed Senate Bill (the Bill), an act to amend the Delaware Landlord–Tenant Code1 giving many tenants a right to representation. The Bill aims to provide low-income families,...more

Hogan Lovells

UK COVID-19: Tenants are now out of time to trigger the arbitration scheme on COVID arrears

Hogan Lovells on

The Commercial Rent (Coronavirus) Act 2022, which came into force on 24 March 2022, introduced a binding arbitration scheme to deal with arrears of commercial rents which accrued during the pandemic, referred to in the Act as...more

BCLP

Leasing - liability for rent during the pandemic

BCLP on

Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

Hogan Lovells on

The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

Greenberg Glusker LLP

It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California

Greenberg Glusker LLP on

In this edition of “The Grass is Always Greenberg,” Greenberg Glusker’s Alexa Steinberg and Steve Stein discuss the latest trends in cannabis litigation and how cannabis cases often have special considerations. Steve also...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

Hogan Lovells on

In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

Hogan Lovells

The final piece in the jigsaw – the new binding arbitration process for landlords and tenants

Hogan Lovells on

As foreshadowed in its announcement on 16 June 2021, the UK Government has issued the Commercial Rent (Coronavirus) Bill establishing a binding arbitration procedure to resolve disputes relating to certain commercial rent...more

BCLP

The new Commercial Rent (Coronavirus) Bill and Code of Practice

BCLP on

The government has introduced the Commercial Rent (Coronavirus) Bill in Parliament to attempt to streamline and accelerate the resolution of the billions of pounds of rent arrears that have accrued during the Covid 19...more

Hogan Lovells

UK COVID-19: The new arbitration scheme on COVID arrears – some questions and answers

Hogan Lovells on

This is a very high level guide based on the current draft of the Commercial Rent (Coronavirus) Bill published on 9 November 2021. It is not intended to be exhaustive and the legislation may well be amended during its passage...more

Hogan Lovells

UK COVID-19: Government introduces mandatory arbitration scheme for pandemic rent arrears

Hogan Lovells on

The government has introduced to Parliament draft new legislation in the form of the Commercial Rent (Coronavirus) Bill which will establish a binding arbitration process for commercial landlords and tenants who have been...more

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

NAM (National Arbitration and Mediation)

Landlord/Tenant Disagreements – Reaching A Resolution Through ADR

With most accepting the vaccines developed by science and with the warmth of summer in full swing, we are emerging from our pandemic cocoons and re-engaging in the normal daily activities that we once took for granted....more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide