LexisNexis® Legal Newsroom
Real Cases in Real Estate by Andrea Lee Negroni, Esq. – November 16th, 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...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – November 22nd, 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 Negroni...

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...

“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...

Common Sense Prevails! SJC Rejects Strict Liability for Intoxicated Tenant’s Fall

Sheehan v. Weaver: Strict Liability For Building Code Violations Does Not Apply To Residential Structures - I love being right. Two years ago, Northeast Housing Court Judge David Kerman issued a controversial ruling that an owner of a mixed used building was “strictly liable” for...

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...

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...

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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...

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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...

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...

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...

SJC Upholds Eviction Of Section 8 Tenant For Marijuana Criminal Activity

Court Side-Steps Whether Sec. 8 Tenant Can Be Evicted For Possession of Under 1 Oz. of Marijuana In the first of what should be many cases dealing with marijuana use in rental housing, the SJC has ruled that a Section 8 tenant could be evicted for an undetermined amount of marijuana combined with...

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...

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...

Evicting Unauthorized Occupant Requires Creative Approach

By-Pass Housing Court For Expedited Superior Court Restraining Order Procedure I recently handled an interesting case involving an unauthorized family member taking up residence in my client’s rental unit. My client, a doctor, owns a very nice condo unit in the Theatre District in Boston. He...