Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.
When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.
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 pre-petition or may hold such property until the debtor obtains an order of turnover.
Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the "Housing Stability and Tenant Protection Act of 2019." The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York's rent regulation laws, which proponents say will ensure that New York's tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
Cancellation of Satisfaction Denied
Questions About Meeting of Minds
Statute of Limitations Bars Foreclosure Action
Merger Doctrine
Unjust Enrichment
Mortgage Acceleration Revoked
Deed Valid When Not Intended As Security for Mortgage Debt
Specific Performance Denied for Failure to Show Ability to Close
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
