Landlord Tenant Law

Landlord Liable for Overcharge Collected By Tenant
Federal Pre-Emption Exempted Apartments from Rent Stabilization

Broker Entitled to Commission Even Without Contract
Questions of Fact Remain About Standing to De-Accelerate Mortgage Debt
Installment Seller Cannot Enforce Forfeiture Clause in Ejectment Action
Seasonal Use Sufficient to Establish Prescriptive Easement

Changes in Regulatory Landscape Justify Rescission of Negative Declaration
Definition of Family Not Unconstitutionally Vague

In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.

The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.

Subtenants Not Entitled to Notice Under Law
Illegal Tenant Activity Negates Insurer's Responsibility to the Landlord

In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.