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Columns & Departments
Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession Lawyer Who Failed to Terminate Contract in Accordance With Seller's Instructions Did Not Commit Legal Malpractice Developer Strictly Liable for Damages Caused By Excavation Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause
Columns & Departments
Fine for Refusal to Remove Dogs Upheld Under Business Judgment Rule
Features
Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent.
Columns & Departments
Development Consistent With Zoning Ordinance Did Not Require Referral to ZBA Development Agreement Constituted Impermissible Contract Zoning
Features
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach. This clearly is an evolving trend that should continue for at least the duration of the pandemic and perhaps beyond, as bankruptcy judges and practitioners seek out creative and unique responses to difficult issues.
Features
When a sale follows a municipality's foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?
Features
In attempts to alleviate the impact of job losses and business disruption due to COVID-19, state and local governments have passed emergency orders and regulations temporarily prohibiting evictions and extending deadlines to pay rent, among other restrictions. When those restrictions are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy.
Features
Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.
Features
National Association of Realtors Survey Shows Most Commercial Tenants Struggling to Pay Rent While the residential real estate market is experiencing what appears to be a swift rebound from the coronavirus-induced slump, the commercial landscape still looks relatively bleak.
Features
Several members of Commercial Leasing Law & Strategy's Board of Editors and contributors to Law.com and our ALM sibling GlobeSt.com took part in a Twitter chat on "Do We Need Offices Anymore?"
