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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

Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.

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Co-ops and Condominiums

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Business Judgment Rule Protects Parking Fee Determination

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High-Street Retail in an Adjustment Phase Image

High-Street Retail in an Adjustment Phase

Kelsi Maree Borland

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.

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Development Image

Development

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Town Can Be Liable for Aiding and Abetting Discrimination

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Case Notes

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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

Features

Court of Appeals Upholds Rent Overcharge Class Action Image

Court of Appeals Upholds Rent Overcharge Class Action

Stewart E. Sterk

Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct?

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Landlord & Tenant Law

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Notice to Cure Did Not Violate RPL 235-f

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Development Image

Development

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Certificate of No Exterior Effect Upheld

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

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Emotional Support Dog Determination Upheld

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Real Property Law Image

Real Property Law

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Statute of Limitations Did Not Bar Foreclosure Action Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations Mortgage Contingency Clause Did Not Give Buyer Right to Cancel Mortgagor Did Not Prove Damages Arising Out of RESPA Violation Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement

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    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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    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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