News & Analysis as of

Rental Property Appeals

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

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In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

Ward and Smith, P.A. on

The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Hogan Lovells

UK Court of Appeal: Service charge not payable for litigation costs

Hogan Lovells on

In 89 Holland Park (Management) Limited v Dell & Dell, the largest ever UK residential service charge dispute, the Court of Appeal has refused to allow a landlord to recover the legal costs of a dispute with its neighbour...more

Butler Weihmuller Katz Craig LLP

Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease...more

White and Williams LLP

Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine

White and Williams LLP on

In Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

Perkins Coie on

The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...more

Patton Sullivan Brodehl LLP

Commercial Leases, Arbitration, and Attorney Fee Awards

As a litigator, whenever I am presented with a new contract dispute, one of the first things that I do is check whether the contract contains an arbitration clause or attorney fee clause. More consistently than any others,...more

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

Holland & Knight LLP on

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more

Tucker Arensberg, P.C.

The CDC’s Eviction Moratorium Challenged Again, But Is It Different This Time?

Tucker Arensberg, P.C. on

As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...more

Miller Canfield

CDC Eviction Moratorium Not Quite Over: Where Do We Go From Here?

Miller Canfield on

Last September, the Centers for Disease Control and Prevention (CDC) ordered a nationwide eviction moratorium on residential properties. 85 Fed. Reg. 55,292 (Sept. 4, 2020). On May 5, 2021, the United States District Court...more

Snell & Wilmer

Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?

Snell & Wilmer on

In a recent Arizona Court of Appeals case, Ibarra v. Gastelum, 2020 WL 4218020 (7/23/20), the Court of Appeals addressed the question whether – in a tenant’s personal injury claim against the landlord – a landlord’s violation...more

Foster Garvey PC

OTA & Travel Distribution Update: Radisson partners with Hotelbeds; Expedia offers more details on its partner recovery program

Foster Garvey PC on

Perhaps it was Canada Day or the Fourth of July holiday weekend, but last week was relatively quiet in the distribution world. Enjoy....more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami Beach “Ban” on Short-Term Rentals Ruled Illegal

Bilzin Sumberg on

In recent years, online platforms like Airbnb and HomeAway have made it easier for property owners to enter into the short-term rental market, which allows property owners to generate supplemental income and defray the cost...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

Farrell Fritz, P.C.

LLC Survives Member’s Death. Dissolution Petition Doesn’t.

Farrell Fritz, P.C. on

In 2018, two members of a realty holding LLC sought judicial dissolution based on the death of one of the other members. The operating agreement defines a member’s death as an event of “Dissociation.”...more

White and Williams LLP

Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

White and Williams LLP on

In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more

Ballard Spahr LLP

In Key TOPA Case, D.C. Court Says Reallocation of Existing Owners’ Interests Is Not a “Sale”

Ballard Spahr LLP on

The District of Columbia Court of Appeals recently determined, in Williams v. Kennedy, that a conveyance of ownership interests in a rental property does not constitute a sale under D.C.’s Tenant Opportunity to Purchase Act...more

Shutts & Bowen LLP

Landlord Loses Additional Rent Dispute Based on Lease Language

Shutts & Bowen LLP on

Another new commercial lease case, another instance of drafting being the deciding factor.  We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent.  To be...more

Foster Garvey PC

OTA & Travel Distribution Update: U.S. Circuit Court deals a blow to short-term platforms; Google continues steady evolution; a...

Foster Garvey PC on

U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more

Farrell Fritz, P.C.

Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

Farrell Fritz, P.C. on

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North...more

Spilman Thomas & Battle, PLLC

Spilman Alert - Breaking Insights: Important West Virginia Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold...

The Supreme Court of Appeals of West Virginia's recent decision in Musick v. University Park at Evansdale marks an important affirmation of West Virginia law on taxation of leasehold interests. It has important and positive...more

Seyfarth Shaw LLP

IL Appellate Court Rules: New Landlord May Not be Entitled to Unpaid Rent

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Illinois Appellate Court ruled in favor of a commercial tenant after the new landlord attempted to collect accrued unpaid rent owed to the previous landlord, who had assigned the lease to the new...more

Snell & Wilmer

Court Addresses HOA Attempt to Restrict Short Term Rentals

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In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a...more

Lowndes

Your Lease Renewal Option May be Ineffective

Lowndes on

In its recent decision in Jahangiri, et al. v. 1830 North Bayshore, LLC, the Third District Court of Appeal asserted that a lease extension option based on “market rate” is insufficient to create a binding and effective...more

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