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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...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – January 18th, 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. – March 30th, 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...

Vetstein Law Group: Boston Area Landlord Hit With $75,000 Penalty Over Lead Paint Violations

By Richard D. Vetstein, ESQ Largest Lead Paint Penalty On Record for Attorney General Coakley Landlords with lead paint beware...enforcement of the state's strict Lead Paint Law remains a priority for Attorney General Coakley's office. The AG just hit a Boston area property owner with the...

State Net Capitol Journal Legislative Updates: Super Storm Sandy Victims Take Another Financial Hit

SUPER STORM SANDY VICTIMS TAKE ANOTHER FINANCIAL HIT: Thousands of vacation home and business owners in coastal areas of New Jersey slammed by Hurricane Sandy last October are getting hit with big increases in their flood insurance premiums this year. Richard Bandazian, who owns a vacation home on...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – July 22, 2013 Update

Updates for the Week of July 22, 2013 New York Court Considers Landlord’s Denial of Tenant’s Request for “Emotional Support Animal” in a No-Pets Apartment . Gregory Reich claimed his landlord discriminated unlawfully when it refused to allow him to keep an “emotional...

Condominiums apartments

Supreme Court Rules that Landlord are Liable for Injuries to Guests of Tenants

By Myriam W.Gluck Owners of multi-unit properties should be familiar with Section 5321.04(A)(3) of the Ohio Revised Code, [ enhanced version available to lexis.com subscribers ], which requires a landlord to, “[k]eep all common areas of the premises in a safe and sanitary condition.”...

“It’s All About the Work” In Office Leasing (Part I)

The tenant-build out provisions can be the most important and controversial aspects of an office lease. Yet these terms are often only referred to generally in letters of intent. Rarely will a term sheet go into more detail than the work allowance amount and the commencement date. The lawyers are left...

“It’s All About the Work” In Office Leasing (Part II)

In my last blog (April 1, 2014) , I pointed out that tenant build-out provisions in office leases can be quite thorny. Admonitions to counsel to “Keep it simple” while “cover all the bases” are difficult to reconcile. Certain issues invariably arise, and minimizing them should...

“It’s All About The Work” In Office Leasing (Part III)

My last blog on this subject (April 2, 2014) covered the situation where the Landlord performs the work up to “certain cost”. Another scenario, somewhat less prevalent in office leasing, is where the tenant performs its own work. In this situation, Landlord provides a work allowance (e...

The Massachusetts State Sanitary Code: Everything A Landlord Wanted to Know But Was Afraid To Ask

The Massachusetts State Sanitary Code governs the minimal standards of fitness and conditions for human habitation of rental occupancy of property. Unfortunately, most landlords become familiar with the lengthy code only after tenants or the local Board of Health cites them for code violations. As a...

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...

rental application truth glasses pen

The Notice To Quit: Terminating Massachusetts Residential Tenancies, Traps For The Unwary

Avoid Being Dead On Arrival In Eviction Court The first step in evicting any Massachusetts tenant is issuing a notice to quit which is a legal document formally notifying the tenant that his tenancy is being terminated for a particular reason and giving him the date upon which he must move out. There...

eviction order rubber stamp

Airbnb Rentals Raise Thorny Legal Issues

Law Catching Up With Popular Airbnb Room Rental Website With the promise of relatively easy money, Airbnb (Air Bed & Breakfast) is making innkeepers of many Greater Boston homeowners and even renters who are taking advantage of the popular website’s rental listing service. For those who...

Equity Residential’s Upfront Tenant Fees Illegal, Federal Judge Rules

Perry v. Equity Residential : Application Fee, Amenity-Community Fee, Move-In Fee and Upfront Pet Fee Held Illegal In a stinging class action ruling , Boston federal district court judge Rya Zobel has ruled that Equity Residential’s up front apartment fees are illegal under Massachusetts...

The Housing Court: Coming To A Town Near You?

Legislation Set To Expand Housing Court Statewide About 30% of people in Massachusetts do not have access to the state’s Housing Court — one of Massachusetts’ specialized courts handling landlord-tenant disputes, evictions and sanitary code enforcement. The unserved areas include...

The Landlords Strike Back! AG’s $38,000 Craigslist Rental Discrimination Penalty Struck Down

Attorney General’s Office Accused of Smearing Local Landlords In Press A Craigslist rental ad posted online for merely 8 days turned into a complete nightmare for a Melrose father and son who claim that Attorney General Martha Coakley’s office ran roughshod over their rights and tried...

New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

By Thomas G. Bennett and Melanie R. Clark Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98 , signed into law this spring, [ enhanced...

Not Just My Kids Who Need (Want) Larger Allowance

By Scott Kadish The new IRS repair regulations can impact how tenant allowances are structured. Traditionally, landlord and tenants have relied on the Section 110 safe harbor so that provided the allowance is spent on leasehold improvements, the allowance is not taxable to the tenant and the...

Just In Time For Summer, A New Decision On When You Are Required To Clear Snow From Your Property

In the recent past, I have written several posts about when property owners can be liable for accidents caused by their failure to shovel snow from the sidewalks abutting their property. The basic rules are well settled - residential property owners generally don't have a duty to shovel but commercial...

What I Learned at the Advanced Commercial Lease Institute

By Scott Kadish I attended the Advanced Commercial Lease Institute at Georgetown University Law Center. The Institute “brings together the brightest minds in the commercial leasing industry” to discuss “the most up-to-date and pressing subjects faced by commercial leasing attorneys...

Weakest Link in the Chain

By Scott Kadish Leasing space to a restaurant chain is very desirable for a shopping center landlord. Name recognition attracts people to the center and a chain typically has better financial resources. So, the landlord starts out saying “I want a Cheesecake Factory, Cooper’s Hawk,...