Landlord Tenant Law

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

Award of Contingent Attorney's Fees

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

Denial of Site Plan Upheld

Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act

Statute of Limitations Does Not Bar Foreclosure
Mortgage on Church Property Not Properly Authorized
Sale Contract Precludes Fraud Claim
Seller's Representations Did Not Survive Closing
Foreclosure Action Time Barred
Mortgagor Fails to Establish Forgery
Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy
Summary Judgment Denied In Action to Set Aside a Deed for Fraud

Restricting a tenant's right to transfer the property it is leasing to a third party is a key component to any lease. Many lenders require landlords to obtain lender consent before the transfer is effective. Failure to obtain such consent could lead to a landlord's default under the terms and conditions of the loan documents, so it is imperative for a landlord to review its loan documents each time it receives a request from a tenant to transfer its interest under the lease.