ArticleMarch Florida Construction Law UpdateSince the beginning of the year, Florida's courts have issued three decisions impacting contractors, which are summarized below.United StatesReal Estate and ConstructionDinsmore & Shohl LLP
ArticleMassachusetts High Court Reaffirms "Single Look Doctrine" For Evaluating Liquidated Damages Clause In Commercial LeasesLast week the Supreme Judicial Court of Massachusetts (SJC) held that, despite defaulting only one month into its five-year lease, a commercial tenant is bound...United StatesReal Estate and ConstructionPierce Atwood LLP
ArticleMEES Reset: EPC B Requirement For Larger Commercial BuildingsThe government has finally given clarity to real estate investors on the future direction of Minimum Energy Efficiency Standards (MEES) for the commercial rental sector in England and Wales. United StatesReal Estate and ConstructionWomble Bond Dickinson
ArticleNeighbor's Continued Use Of Landowner's Property For Access And Parking Following Division Of Lots At Trustee Sale Established Prescriptive EasementA California Court of Appeal held that longstanding use of a landowner's property for access and parking by residents of the adjacent lot had established a prescriptive easement. United StatesReal Estate and ConstructionPerkins Coie LLP
ArticleNew Court Ruling Pokes Holes In Contractual Limitation Of Liability Language In Commercial LeasesCreating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease...United StatesReal Estate and ConstructionSheppard
ArticleNew Federal Law Limits Application Of Land Use Controls To Religious InstitutionsUnited StatesReal Estate and ConstructionFoster Pepper PLLC
ArticleNew Tenant Protections For Small Businesses And Nonprofits In CaliforniaBeginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a "qualified commercial tenant" under SB 1103. United StatesReal Estate and ConstructionBrownstein Hyatt Farber Schreck
ArticleNew York City Council Puts An End To The Payment Of Brokers' Fees By Residential Tenants - Landlords May Get Stuck With The Brokers' FeesOn November 13, 2024, the Fairness in Apartment Rentals Act (FARE) (the Bill) was approved by the New York City Council (City Council) prohibiting the imposition or collection of any fee or commission.United StatesReal Estate and ConstructionKatten
ArticleNew York Courts Weigh In On How COVID-19 Affects Commercial Lease DisputesThese recent decisions split support between commercial landlords' right to enforce the rent payments and protections for tenants affected by the virus and government shutdown mandates.United StatesReal Estate and ConstructionMorrison Foerster
ArticlePart II: Landlord Unable To Evict Despite Tenant DefaultsWe last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial landlord could not evict a tenant based non-material...United StatesReal Estate and ConstructionGoulston & Storrs
ArticlePennsylvania PUC Classifies Landlords As "Gas Pipeline Operators," Subjecting Them To Federal Safety RegulationsOn January 8, 2025, the Pennsylvania Public Utility Commission (PA PUC) reversed its longstanding enforcement stance, holding that landlords will be regulated as a "gas pipeline operators"...United StatesReal Estate and ConstructionDuane Morris LLP
ArticleQ&A With Fox Rothschild Partner Carl Anthony MaioThis is customarily accomplished by a policy endorsement and explains the cautionary language in the pre-printed Acord Form.United StatesReal Estate and ConstructionFox Rothschild LLP
ArticleReal Estate Attorney Julia Kreyskop Discusses Tips & Tricks On The Tenant Side Of The Commercial LeaseColliers team members followed up with highly-complimentary words of praise for Kreyskop's presentation. United StatesReal Estate and ConstructionWomble Bond Dickinson
ArticleRent Loss vs. Business Interruption InsuranceLandlords and Tenants sometimes confuse these two terms, which have totally different meanings but apply to similar situations. United StatesReal Estate and ConstructionLowndes
ArticleRental Properties Not Exempt From Price Gouging LawsWhile PPE, toilet paper, and groceries make price gouging headlines, consumer goods are not the only goods covered by price gouging laws in many states. Less publicized, ...United StatesReal Estate and ConstructionProskauer Rose LLP
ArticleRenting Property To Your Business Could Backfire on Your Tax LiabilityIf you own both property and a business, it just makes sense to lease the property to your business, right? Not always—this approach could be costly tax-wise, especially in light of the 3.8% net investment income tax.United StatesReal Estate and ConstructionORBA
ArticleRest In Peace: ROFRs Expire Once A Tenant Becomes A Holdover TenantIn a case of first impression in California, the California Court of Appeal in Smyth v. Berman held that in the absence of specific language to the contrary ...United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleSDNY Upholds NYC Law Prohibiting Enforcement Of Personal Liability Provisions For COVID-19-Impacted Commercial TenantsOn November 25, 2020, the Southern District of New York upheld Section 22-1005 of the New York City Administrative Code...United StatesReal Estate and ConstructionMorrison Foerster
ArticleShort Term RentalsIn recent years, short-term rentals, facilitated by platforms like Airbnb and Vrbo, have surged in popularity. While these rentals offer homeowners an opportunity to generate additional income...United StatesReal Estate and ConstructionCHDB Law
ArticleSolving The Problem Of The Unchecked Rise Of Short-Term RentalsThe Internet has created innovative inroads into traditional vacation lodging. Websites like Airbnb, VRBO and Flipkey provide vacationers with affordable lodging in prime locations, furnished with all the comforts of a home. United StatesReal Estate and ConstructionBest Best & Krieger