Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting
REFRESH Real Estate Leasing Tips for Nonprofits
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Real Estate Leasing Tips for Nonprofits
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Effective Lease Negotiations for Healthcare Practices
ASC 842: Private Companies On The Clock After Delay
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Taking it Seriously: Unusual Lease Violations in Virginia
In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more
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
The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more
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
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
It is increasingly common for landowners and building owners (“Owners”) to be approached by a developer (“Developer”) interested in executing a “solar land lease” (“Solar Lease”) or a “solar power purchase agreement” (“Solar...more
You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more
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
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
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
I wanted to offer up two related COVID-19 fair housing scenarios I have seen recently in my discussions with apartment management clients. As written here (and elsewhere) regularly, our Fair Housing Act (FHA) requires...more
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
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
In the closely-followed case of Browne v. Artex Oil Co., 2019-Ohio-4809, issued on November 26, 2019, the Supreme Court of Ohio ruled that Ohio’s 21-year statute of limitations applies to a landowner’s declaratory judgment...more
On May 22, 2019, the U.S. District Court for the Central District of California decided Air Lease Corporation; ALC B378 41345, LLC; and ALC B378 37772 v. Far Eastern Air Transport Corp. The case was based on an allegation...more
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
Earlier this year, we blogged on the High Court decision of Mears Limited v Costplan Services. This case concerned whether an agreement for lease for the development of two blocks of student accommodation could be terminated...more
A recent Utah case, adopting a “termination clause rule,” may have tenants in Utah reconsidering condemnation provisions in leases. In UDOT v. Kmart, 2018 UT 54, the Utah Supreme Court denied a condemnation award to a tenant...more
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
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
TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more
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
The decision marks another departure by the Pennsylvania Supreme Court from “mainstream” oil and gas jurisprudence. On February 17, the Pennsylvania Supreme Court (the Court) unanimously ruled that state law does not...more
Have you ever wondered about the original purpose of the retained acreage clause? According to Professor Kramer, it was “to prevent the lessee from losing those portions of a lease that had productive wells thereon if the...more
A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned...more