Features
How a Call to Service May Impact Rights and Obligations Under a Lease
When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.
Features
Lessor Repossession of Property on Eve of Lessee Bankruptcy: Voluntary Turnover or Face Contempt
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.
Features
Achieving Commercial Real Estate Success Post-Brexit
Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
Features
Analyzing the New Tenant Protections
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the "Housing Stability and Tenant Protection Act of 2019." The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York's rent regulation laws, which proponents say will ensure that New York's tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
Columns & Departments
Real Property Law
Cancellation of Satisfaction Denied<br>Questions About Meeting of Minds<br>Statute of Limitations Bars Foreclosure Action<br>Merger Doctrine<br>Unjust Enrichment<br>Mortgage Acceleration Revoked<br>Deed Valid When Not Intended As Security for Mortgage Debt<br>Specific Performance Denied for Failure to Show Ability to Close
Features
Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Columns & Departments
Co-ops & Condominiums
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
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