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Features
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Columns & Departments
Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant
Features
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
Columns & Departments
Mortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action Forbearance Agreement Tolled Statute of Limitations Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
Columns & Departments
Landlord Failed to Rebut Presumption of Willfulness Landlord Substantiated Individual Apartment Improvements Vacatur of Stipulation for Use and Occupancy Overturned Occupant's Deception Waived Succession Rights Setting Rent for Unit First Decontrolled In 1954
Columns & Departments
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
Features
Part One of a Two-Part Article This article outlines the basic elements of an SNDA and will explain the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Features
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 such time as the debtor seeks, and obtains, an order of turnover.
Features
Collecting the Legal Fees It Cost You to Collect Legal Fees Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such "fees on fees," as they are known. But it wasn't always this way.
Features
NY Gov. Andrew Cuomo signed legislation modifying existing rent laws and enacting significant landlord-tenant reforms. To date, the real estate industry has focused primarily on the sweeping impact the new laws will have on residential tenancies and the deregulation of rent-stabilized apartments. The reforms, however, also dramatically impact commercial tenancies by altering non-residential summary proceedings and significantly hampering the ability of commercial landlords to respond effectively and quickly to tenant defaults.
