Features

In the Wake of Shields: Broader Implications for Decision on Commercial Landlord Liability
The Supreme Court of New Jersey recently revisited an oft-contested issue in the area of premises liability: whether a commercial landlord owes a duty to its tenant's business invitees to maintain the premises, under a triple net lease, where the tenant is in exclusive possession of the demised premises.
Features

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy
Landlords often have clues that a tenant is going to be filing for bankruptcy, rental payments are consistently late several months in a row and the tenant falls more than a month behind on the rent. But, it can still be shocking when a landlord receives a legal notice in the mail, instead of a rent check.
Columns & Departments
Development
Lawyer's Signs on Buildings Owned By Corporation Violate Administrative Code
Columns & Departments
Case Notes
Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence
Columns & Departments
Co-ops and Condominiums
Technical Defects Do Not Invalidate Amendments to Condominium Declaration
Features

Reset Clauses In Ground Leases
The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.
Features

Flood and Terrorism Insurance Reauthorization: Safe for Now
Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.
Features

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Columns & Departments
Landlord & Tenant Law
Out of Possession Landlord's Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability Out of Possession Landlord Liability for Injuries on Abutting Sidewalk Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate Landlord Must Maintain Elevator Service for Use By Single Tenant Tenant Not Relieved of Obligation to Pay Real Estate Taxes
Features

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
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