Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy
March 01, 2020
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.
Case Notes
March 01, 2020
Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence
Reset Clauses In Ground Leases
February 01, 2020
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.
Flood and Terrorism Insurance Reauthorization: Safe for Now
February 01, 2020
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.
Landlord & Tenant Law
February 01, 2020
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
High-Street Retail in an Adjustment Phase
February 01, 2020
High-street retail is going through an adjustment period, but for properties that check the right boxes, there are still active buyers. In some cases, even bidding wars.
Case Notes
February 01, 2020
Miami Agrees to Settle Costly Island Development Dispute After Losing Key Ruling
Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil
Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate
Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
January 01, 2020
New York City is seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
