Landlord Tenant Law

  • Key Legal Considerations of Structuring Real Estate Deals As Ground Lease or Sale

    When it comes to structuring a real estate deal, one of the most fundamental questions is whether the land should be leased under a long-term ground lease or sold outright. At first glance, the distinction may seem simple: a ground lease allows a landowner to retain ownership, and the tenant is permitted to use and improve the land, while a sale conveys fee title to the purchaser. But the legal, financial, and practical consequences of this choice are significant and can shape the future of a property for decades.

    September 30, 2025Frederick N. Poindexter and Taylor N. Wilson

  • Florida’s Elimination of Sales Tax On Commercial Real Estate Leases Changes Landscape

    Florida House Bill 7031, eliminating the state’s sales tax on commercial real estate leases beginning Oct. 1, 2025. This long-awaited and sweeping reform ends Florida’s reign as the only state in the nation to impose such a tax and marks a sea change in the state’s commercial leasing landscape.

    September 30, 2025Michael Singer and Jeff Lieser

  • Sale-Leaseback Transactions: Structure, Advantages, Risks and Legal Considerations

    In today’s economic landscape, many businesses are turning to alternative financing models to access liquidity without disrupting operations. One such strategy — once a niche transaction type, now in the mainstream of real estate finance — is the sale-leaseback. This financial mechanism allows property owners to leverage real estate equity while continuing to occupy and operate their properties.

    September 30, 2025Katherine Medianik

  • Protecting Against Generic Indemnity Provisions

    Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.

    September 30, 2025Gregory Jaske

  • Development

    Tenant Did Not Waive Its Right to Renew Lease of Air RightsLandowner Had No Vested Right to Maintain ShedSpecial Permit Denial OverturnedChallenge to Application of Zoning Amendment Not Ripe

    August 31, 2025New York Real Estate Law Reporter Staff

  • Co-ops and Condominiums

    Unit Owner Required to Correct Unauthorized Alterations

    August 31, 2025New York Real Estate Law Reporter Staff

  • Availability of Specific Performance In Commercial Real Estate

    Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.

    August 31, 2025Jeremy Herskowitz and Aishlinn Bottini

  • New York City’s FARE Act In Court: Whether It’s “Fair” Is Still Under Review

    In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.

    August 31, 2025Claude G. Szyfer and Daria D. Anichkova

  • Legal Precision Meets Opportunistic Investing: How Savvy Real-Estate Investors Can Maximize Returns in Today’s Distressed Market

    For forward-thinking real-estate investors, mortgage-default litigation can unlock off-market assets, compress deal timelines, and capture risk-adjusted alpha. Indeed, investors can convert distressed credit into dependable, non-correlated returns. The mechanism for unlocking this value often includes the “hammer” that is foreclosure litigation. But it is not that easy.

    August 31, 2025Chris Zona