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Features

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy Image

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Carmen Contreras-Martinez 

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 Image

Development

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Lawyer's Signs on Buildings Owned By Corporation Violate Administrative Code

Columns & Departments

Case Notes Image

Case Notes

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Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

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Technical Defects Do Not Invalidate Amendments to Condominium Declaration

Features

Reset Clauses In Ground Leases Image

Reset Clauses In Ground Leases

Peter E. Fisch & Mitchell L. Berg

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 Image

Flood and Terrorism Insurance Reauthorization: Safe for Now

Jeffrey B. Steiner & Scott A. Weinberg

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 Image

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

Steven M. Silverberg

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 Image

Landlord & Tenant Law

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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 Image

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

Steven M. Silverberg

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

Real Property Law Image

Real Property Law

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Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking

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MOST POPULAR STORIES

  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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