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Columns & Departments
Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence
Columns & Departments
Technical Defects Do Not Invalidate Amendments to Condominium Declaration
Features
The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.
Features
Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.
Features
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Columns & Departments
Out of Possession Landlord's Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability Out of Possession Landlord Liability for Injuries on Abutting Sidewalk Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate Landlord Must Maintain Elevator Service for Use By Single Tenant Tenant Not Relieved of Obligation to Pay Real Estate Taxes
Features
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Columns & Departments
Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking
Features
Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.
Columns & Departments
Business Judgment Rule Protects Parking Fee Determination