Landlord & Tenant Law
December 01, 2021
Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful
Warranty of Habitability Claim Reinstated
Tenant Who Never Occupied Premises Cannot Raise Habitability Claim
Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
Pros and Cons of Master Leases
December 01, 2021
Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
Pleading Alter Ego Liability In Commercial Lease Disputes
December 01, 2021
The COVID-19 pandemic has challenged commercial landlords to rely on various legal theories to protect their legitimate rights. As federal, state and local governments enact laws to protect tenants from evictions and/or the enforcement of personal lease guarantees, a landlord's counsel must seek avenues to press its clients' rights against any entity who may be liable for outstanding rent arrears due and owing under a commercial lease.
Five Things Law Firm Leaders Need To Do As People Return to the Office
December 01, 2021
While we all look forward to returning to normal, the normal we left in early 2020 remains elusive. For those who are leading teams (such as executive committees, practice and industry groups, client teams, administrative departments, and firm committees), the struggle is more complex.
New York Cannabis Law's Lease Mandate Catch-22
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
COVID-19 and Lease Negotiations: Tenant Security
November 01, 2021
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.