News & Analysis as of

Rent Breach of Contract Rental Property

Ballard Spahr LLP

Landlord’s Acceptance of Rent After Notice to Terminate Expires Dooms California Unlawful Detainer Claim

Ballard Spahr LLP on

After serving a 30-day notice to terminate a commercial lease and filing an unlawful detainer case, a landlord continued to bill a tenant for rent and common area maintenance (CAM) fees, and unconditionally accepted rent...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...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

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

BCLP on

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

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

Goulston & Storrs PC on

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Womble Bond Dickinson

Negotiating Leases and LOIs During the Novel Coronavirus Pandemic

Womble Bond Dickinson on

Delivery and Rent Commencement - As companies struggle to adjust to the quickly changing business landscape during the novel coronavirus pandemic, those office tenants that continue letter of intent (LOI) and lease...more

Fox Rothschild LLP

PA – Tenants May Face Uphill Battle To Invoke Force Majeure Protections

Fox Rothschild LLP on

Government mandates aside, tenants to a lease governed by Pennsylvania law may face an “uphill battle” to invoke force majeure protections — used to allocate risk that is considered beyond a party’s control — whether or not...more

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