Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Aug. 23rd Update

By Andrea Lee Negroni, Esq. BuckleySandler LLP alnegroni@buckleysandler.com Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers...

Williams Mullen: Residential Foreclosures: Lenders Become Landlords

Editor Burnett, W. Alexander Protecting Tenants at Foreclosure Act of 2009, Public Law 111-22 Introduction On May 20, 2009, President Obama signed into law the Protecting Tenants at Foreclosure Act (the "PTFA" or the "Act"). The PTFA was part of the larger "Helping...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – August 15th, 2011 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Ulmer & Berne LLP: Change the Locks !!!!

The Illinois General Assembly has recently amended the Landlord and Tenant Act to add a new requirement for landlords: when a unit changes over to a new tenant the locks must be changed or rekeyed. This applies to dwelling units only. The Act is not applicable for dwelling units in a building...

Vetstein Law Group: SJC Expands Scope Of Tenant Protections In Foreclosed Properties Act

By Richard D. Vetstein, ESQ FNMA v. Nunez : Tenant Foreclosure Act Applied Retroactively On September 6, 2011, in Federal National Mortgage Association v. Nunez (embedded below), the Supreme Judicial Court considered for the first time the 13-month-old "Tenant Protections In Foreclosed Properties"...

Vetstein Law Group: Get Out! A Landlord’s Guide to Massachusetts Evictions

By Richard D. Vetstein, ESQ Massachusetts Summary Process Evictions: An Unlevel Playing Field For Landlords In Massachusetts, evictions are called "summary process." According to the rules governing eviction cases , summary process is supposed to be "just, speedy, and inexpensive...

Vetstein Law Group: The Toga Party Is Over: Renting To Four Or More College Students Is Illegal Lodging House

By Richard D. Vetstein, ESQ Major Impact To College Rental Market: Landlords Cannot Rent To 4 or More Unrelated Adults In One Unit Without Lodging License In a decision which will significantly impact landlords renting apartments to students near local colleges and universities and perhaps...

Assessing the Latest Developments in Protecting Tenants after Foreclosure

In the two and one-half years since the Protecting Tenants at Foreclosure Act took effect, Congress, federal courts, the California Legislature, and local governments have all endeavored to provide additional clarity on the issue with mixed results. In a follow-up to his 2009 Emerging Issues Analysis...

Vetstein Law Group: Massachusetts Landlords: Be Aware Of “The Professional Tenant”

By Richard D. Vetstein, ESQ Avoid The Professional Tenant Like The Plague Using best practices to screen and select good tenants is the most important thing a Massachusetts landlord can do to avoid costly non-payment and eviction problems down the road, as I have posted about on this Blog . As the...

Vetstein Law Group: Commercial Leasing Update: Landlords, You May Have To Wait A Long, Long Time To Collect Unpaid Rent

By Richard D. Vetstein, ESQ Commercial Landlord Must Wait Out 12 Year Lease Term To Recover For Tenant's Early Termination In a decision which underscores the importance of careful commercial lease drafting, the Massachusetts Appeals Court has ruled that under a standard form default indemnity...

Ballard Spahr LLP: ‘Testers’ Target Maryland Landlords for Possible Race Bias in Rentals

By Michael W. Skojec A recent federal lawsuit brought by a Maryland equal housing advocacy group should serve as a warning to owners of apartment complexes in counties across the State of Maryland that they, too, may soon be secretly investigated for possible bias in the handling of rental inquiries...

Vetstein Law Group: Landlord Held Strictly Liable For Intoxicated Tenant’s Fall Through Defective Porch Guardrail

By Richard D. Vetstein, ESQ Another Expansion Of Massachusetts Landlord Liability In yet another case demonstrating Massachusetts' inhospitable legal environment towards residential landlords, Northeast Housing Court Judge David Kerman has ruled that an owner of a mixed used residential - commercial...

Vetstein Law Group: Can Massachusetts Landlords Legally Require That Tenants Buy Renter’s Insurance?

By Richard D. Vetstein, ESQ Renter's Insurance Policy Raises Questions I've recently become aware that some Massachusetts landlords are requiring that tenants procure their own policy of renter's insurance as a condition of leasing. In fact, MSN Real Estate did a nice write up about...

Ballard Spahr LLP: Risk of Landlord Liability Rises in Pit Bull Attack Cases

By Shelah F. Lynn and Tina Shin Maryland landlords beware: the state's highest court has made it much easier for victims of attacks by pit bulls or pit bull mixes to win judgments-not only against the dog's owner, but also against any landlord that allows a pit bull or pit bull mix on leased...

Vetstein Law Group: Why Massachusetts Landlord-Tenant Legal Reform Is Needed Now

By Richard D. Vetstein, ESQ I just settled a very troubling landlord-tenant case which demonstrates everything which is wrong and unfair with Massachusetts landlord-tenant and eviction law from the landlord perspective. This horror story is played out every Thursday in the summary process sessions...

McNees Wallace & Nurick LLC: Long Awaited Tech One Associates Decision Clarifies Taxation of Leasehold Interests

B y Bert M. Goodman In a much anticipated decision, the Pennsylvania Supreme Court in Tech One Associates v. Board of Property Assessment, Appeals and Review of Allegheny County, 32 WAP 2010 (April 25, 2012) [ enhanced version available to lexis.com subscribers ], held there is statutory authority...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – July 31st, 2012 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – August 6th, 2012 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Pay Up or Get Out: The Landlord's Guide to the Perfect Eviction

By Matthew Sackel* *Matthew Sackel is an attorney in the Litigation Department in Shutts and Bowen's West Palm Beach Office. He practices commercial litigation with a focus on real estate litigation and commercial landlord tenant law. Excerpt from Pay Up or Get Out: The Landlord's Guide...

Vetstein Law Group: The Renters Are Back! Questions You Can and Cannot Ask Prospective Tenants In Massachusetts

By Richard D. Vetstein, ESQ School is back and summer is over. September 1 and the start of the new rental cycle is right around the corner. It's time to review my best practices to get trouble-free, paying tenants in your Massachusetts rental property. Screening Prospective Massachusetts Renters...

Williams Mullen: Retail Tenants Back Off Rent Concessions as Market Conditions Improve

BY: ROBERT CHARLES LAWSON In North Carolina and Virginia, although rental concessions still play a part in retail leasing negotiations, such rental concessions have softened compared to 2009, 2010 and 2011. Commercial brokers in the North Carolina and Virginia regions have confirmed that the retail...

Tips for Commercial Tenants Affected by Sandy

Commercial tenants affected by Sandy may be in a difficult situation. Generally a commercial tenant's rights are limited to the rights set forth in the lease. Residential tenants have many rights guaranteed by law. Commercial tenants have very few rights. If a right or obligation is not in...

Vetstein Law Group: New Massachusetts Domestic Violence Law Allows Victims To Break Leases, Have Locks Changed

By Richard D. Vetstein, ESQ Under the new Massachusetts Domestic Violence Act recently signed into law, victims of sexual assault and stalking have the right to break their leases without significant financial penalty, have the landlord change their locks, and other important protections. The important...

Condominiums apartments

Vetstein Law Group: Boston Landlords Given Extension To August 31 To Comply With New Registration & Inspection Ordinance

By Richard D. Vetstein, ESQ With an abysmal 20% compliance rate, the City of Boston Inspectional Services Department is giving Boston area landlords until August 31, 2013 to register their rental units under a new registration and inspection ordinance. Under the recently-approved ordinance, every...