Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Commercial tenants have a strong interest in the landlord properly maintaining the areas outside of their premises that they share with the other tenants of the property. These areas are typically referred to as “common areas,” and are important in both an office and a retail environment. In an office building, common areas typically include lobbies, restrooms, parking areas and elevators. Many Class A office buildings also offer a fitness facility and meeting rooms to be shared in common by all of the tenants. In retail shopping centers, common areas include the always-critical parking spaces, but also might include landscaping, driveways, sidewalks and signage.
For many office buildings and shopping centers, the heating and air conditioning systems are also common facilities shared by more than one tenant. The duty of the landlord to maintain such common areas, along with the landlord's right to change their configuration, depends primarily on the language of their negotiated lease agreement but also on the common law principles of quiet enjoyment and constructive eviction. This article presents a brief primer on the current state of the always evolving common law of quiet enjoyment and constructive eviction, and then offers suggested lease language to avoid unnecessary confusion.
Quiet Enjoyment and Constructive Eviction
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?