Landlord Tenant Law

Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series

The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.

Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.

This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.

A look at two interesting cases.

Landlords' Duty to Mitigate Damages.

Part Two of a Five-Part Series

In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?

Discussion of two major cases.

The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.

Protecting a Tenant's Right To Be Seen

When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.