Last month, we discussed the current state of the various sectors that make up the real estate markets – retail, office, industrial and apartment. Specifically, we noted that the retail and office markets are clearly lagging a bit in terms of their recovery. Although the office sector has balanced this sluggishness with very limited new construction, the retail sector is
A recent decision issued by the Fourth District Court of Appeals is a cautionary tale for landlords who think they can use “self-help” remedies against their tenants. As discussed in detail herein, for this particular landlord it was an expensive lesson. In Palm Beach Fla. Hotel & Office Bldg. Ltd. P’ship v. Nantucket Enters, 2016 Fla. App. LEXIS 18069, the
On Nov. 3, 2015, the Florida Supreme Court affirmed the decision by the Fifth District Court of Appeals in Bartram v. U.S. Bank, N.A. The Florida Supreme Court’s decision in Bartram specifically held that a bank’s acceleration of payments due under a residential note and mortgage, which contained a reinstatement provision, does not mean that the foreclosing lender is prevented
Robert Burns might as well have been writing about commercial leases. Commercial landlords and tenants can spend months negotiating and drafting comprehensive written lease agreements. No matter how much effort the parties and their attorneys invest in the contracting process, disputes often arise down the road. The following are common problems with commercial leases that can lead to litigation and
Tennessee’s version of the Uniform Residential Landlord Tenant Act (TURLTA) applies to counties having populations in excess of 68,000, including without limitation, Montgomery, Sumner, Wilson, Davidson, Rutherford, Williamson and Maury. Tennessee Code Annotated § 66-28-101 et seq. Accordingly, familiarity with TURLTA is a must for middle Tennessee real property practitioners. In my landlord/tenant practice, the disposition of security deposits and
Last month, we discussed the current state of the various sectors that make up the real estate markets – retail, office, industrial and apartment. Specifically, we noted that the retail and office markets are clearly lagging a bit in terms of their recovery. Although the office sector has balanced this sluggishness with very limited new construction, the retail sector is
A recent decision issued by the Fourth District Court of Appeals is a cautionary tale for landlords who think they can use “self-help” remedies against their tenants. As discussed in detail herein, for this particular landlord it was an expensive lesson. In Palm Beach Fla. Hotel & Office Bldg. Ltd. P’ship v. Nantucket Enters, 2016 Fla. App. LEXIS 18069, the
On Nov. 3, 2015, the Florida Supreme Court affirmed the decision by the Fifth District Court of Appeals in Bartram v. U.S. Bank, N.A. The Florida Supreme Court’s decision in Bartram specifically held that a bank’s acceleration of payments due under a residential note and mortgage, which contained a reinstatement provision, does not mean that the foreclosing lender is prevented
Robert Burns might as well have been writing about commercial leases. Commercial landlords and tenants can spend months negotiating and drafting comprehensive written lease agreements. No matter how much effort the parties and their attorneys invest in the contracting process, disputes often arise down the road. The following are common problems with commercial leases that can lead to litigation and
Tennessee’s version of the Uniform Residential Landlord Tenant Act (TURLTA) applies to counties having populations in excess of 68,000, including without limitation, Montgomery, Sumner, Wilson, Davidson, Rutherford, Williamson and Maury. Tennessee Code Annotated § 66-28-101 et seq. Accordingly, familiarity with TURLTA is a must for middle Tennessee real property practitioners. In my landlord/tenant practice, the disposition of security deposits and
