LexisNexis® Legal Newsroom
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: 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...

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...

Ballard Spahr LLP: Buildings on Ground Leases Subject to Pennsylvania Real Estate Tax: Pennsylvania Supreme Court Ups the Ante for Taxing Improvements

By Philip B. Korb and Benjamin V. Sanchez The Pennsylvania Supreme Court has ruled that even where a landlord merely ground leases land to a tenant who builds a building on it-and the landlord collects rent only on the land-the value of that building is subject to real estate tax. The court's...

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...

Landlords: ADA Obligations Cannot Be Leased Away

Public Places Must Comply with ADA's Accessibility Requirements The Americans with Disabilities Act (ADA) - 42 U.S.C. § 12181 et seq. - imposes requirements for places of public accommodation with the intent of providing reasonable access to persons with disabilities. For example, failure...

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: SJC To Consider Rental Apartment Occupancy Limits In Holy Cross Case

By Richard D. Vetstein, ESQ Does Lodging House Law Apply to Student Apartments? The Massachusetts Supreme Judicial Court has agreed to hear the Worcester College Hill case [ enhanced version available to lexis.com subscribers ] which may significantly impact landlords renting apartments to students...

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...

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...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – June 7, 2014 Update

Updates for the Week of June 7, 2014 New Jersey landlord failing to verify applicant’s employment before signing a lease couldn’t evict the tenant because she was unemployed when she moved in . Regina Carstarphen applied to rent a Section 8 (government-subsidized rent) apartment from...

Owner May Sue Negligent Tenant for Uninsured Loss: Suit Against Tenant Not Subrogation

Almost every commercial lease of multi-unit structures contain waivers of subrogation or an agreement that the building owner’s fire insurance is purchased for the benefit of both the owner and the tenants. Since it is improper for an insurer to sue its own insured courts across the country have...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – September 22, 2014 Update

Social Guests of Tenants May Sue Landlords for Injuries Sustained on Common Areas of Residential Properties Under Ohio Landlord-Tenant Act . Susan Biehl was a guest at a party her daughter Amber threw at her apartment’s clubhouse. While taking out garbage after the party, Susan tripped and fell...

Never Fear, The Use and Occupancy Agreement Is Here!

Like Superman, A Use and Occupancy Agreement Can Save the Day, But Be Aware of the Risks! Tom and Mary Ryan, and their two little kids, Abigail and Jake, are relocating from California to the Boston area so Tom can take a job with a local tech company in Burlington. They have already sold their California...