Features
Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments
The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.
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What Hybrid Work Looks Like In a CRE Firm
When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.
Features
Revision to the Definition of 'Waters of the United States'
In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.
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Landlord & Tenant Law
HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim
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Real Property Law
Injunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements
Columns & Departments
Co-ops and Condominiums
No Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale
Features
New Definition of 'Waters of the United States'
In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.
Features
Negotiating Surrender Clauses In Commercial Leases
Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.
Features
Liquidated Damages In Real Estate Transactions
Commercial real estate is a unique asset, making damages resulting from a breach of an agreement involving it are often difficult to measure. As a result, parties to such agreements must give careful thought to the remedies for such breach, including liquidated damages.
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