Case Notes
April 01, 2020
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Force Majeure and the Doctrine of Impossibility
March 26, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Assignment and Consent Standards in Commercial Leases
March 01, 2020
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.
Landlord & Tenant Law
March 01, 2020
Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization
Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence
Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages
Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew
Questions of Fact Remain About Tenants Liability for Holdover Charges
Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy
Real Property Law
March 01, 2020
Purchaser Who Did Not Record Until After Notice of Pendency In Foreclosure Action Not Entitled to Intervene
Recording of Senior Mortgage Put Junior Mortgagee on Constructive Notice
Issues of Fact Preclude Summary Judgment on Easement Claims
Purchaser's Claim for Damages Against Dual Agent Broker Survives Summary Judgment
Title Insurance Regulations Upheld
Lessor Repossession of Property on Eve of Lessee Bankruptcy
March 01, 2020
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 petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
SEC Proposes Changes to Accredited Investor Definition
March 01, 2020
Real estate syndication offerings often rely on Rule 506 of Regulation D to exempt such offerings from registration under the Securities Act. Rule 506 requires that, with certain limited exceptions, purchasers of the securities offered are limited to accredited investors. Amendments proposed by the SEC in December modify certain of the existing categories of accredited investors and create certain new categories.
Florida Lawmakers Introduce Online Privacy Legislation
March 01, 2020
Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.
