Gross Sales Termination Clause, Cotenancy Requirements Provision, and Unlawful Detainer Res Judicata Application to Later Tenant Suit Explored in Trio of Unpublished California Decisions

In this Analysis, William M. Hensley discusses recent unpublished California Court of Appeal cases dealing with commercial and residential leases. Two cases involve commercial leases and focus on a gross sales benchmark termination clause and cotenancy requirement provision. The third case discusses...

Ways to Get out of a Lease

The best time to think about getting out of a business lease is before you sign it. For the many companies with leases signed, perhaps too casually, before the economy tanked, that's little help. While their numbers are down from recent highs, businesses still come to my law firm looking for the...

Steptoe & Johnson PLLC: PA Court Upholds Right to File Single Assignments Containing Multiple Leases

By Russell L. Schetroma By opinion dated January 27, 2012, the Honorable Rochelle S. Friedman, Senior Judge, writing for a panel of the Pennsylvania Commonwealth Court affirmed a decision of the Court of Common Pleas of Wayne County requiring Ginger Golden, Recorder of Deeds of Wayne County, "to...

Sheppard Mullin Richter & Hampton LLP: Neither CEQA nor the Public Trust Requires Exclusion of Current Conditions in Determining Baseline for Purposes of Lease Renewal on Tide and Submerged Lands

Citizens for East Shore Parks, et al. v. California State Lands Commission (Chevron U.S.A, et al., real party in interest) , No. A129896 (Cal. Ct. App. 1st Dist., December 30, 2011, modified on denial of rehearing No. A129896M, Jan. 27, 2012.) . By Michael Gibson The proper baseline for analyzing...

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...

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...

Ohio House Bill 72: Revisions to Procedures Under ORC § 5301.332 (Lease Forfeiture)

On October 31, 2013, Ohio Governor Kasich signed Substitute House Bill 72 (HB 72) [ enhanced version available to lexis.com subscribers ], into law. HB 72 amends various Sections of the Ohio Revised Code (the Code), in part, to modernize the county recorder requirements. Regarding Sections of the Code...

Issues in Auto Storage Leases

Apparently, the automobile industry is doing very well here on Long Island, New York. In any event, there is an increasing inventory of new cars being delivered to dealers who cannot sell them fast enough to consumers. Accordingly, several of our landowner clients have been approached by car dealers...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 28, 2014 Update

Updates for the Week of May 28, 2014 Did the Landlord Discriminate Against a Disabled Tenant by Refusing to Terminate His Lease Early ? Colleen and David rented an apartment in Virginia for $1900 a month with a $1900 advance security deposit. About 7 months into their one year lease, David was...