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11 Apr 2008, 6:04 am
The court found that the contract was never signed, no enforceable oral agreement was ever intended, the tenant did not make a valid election to exercise his option under lease, and the tenant did not extend his option under the lease. [read post]
12 Dec 2008, 12:48 pm
When the chapter 11 debtor is the tenant: Before a tenant-debtor may assume an unexpired lease of non-residential real property, it must: (1) cure any monetary defaults, or provide adequate assurance that any monetary defaults under the lease will be promptly cured; and (2) provide adequate assurance that all obligations under the lease will be satisfied in the future. [read post]
15 Dec 2008, 6:05 pm
When the chapter 11 debtor is the tenant: Before a tenant-debtor may assume an unexpired lease of non-residential real property, it must: (1) cure any monetary defaults, or provide adequate assurance that any monetary defaults under the lease will be promptly cured; and (2) provide adequate assurance that all obligations under the lease will be satisfied in the future. [read post]
12 Dec 2008, 12:48 pm
When the chapter 11 debtor is the tenant: Before a tenant-debtor may assume an unexpired lease of non-residential real property, it must: (1) cure any monetary defaults, or provide adequate assurance that any monetary defaults under the lease will be promptly cured; and (2) provide adequate assurance that all obligations under the lease will be satisfied in the future. [read post]
1 Sep 2020, 10:00 pm
If they don’t pay rent however all that happens is that the tenant cannot be evicted . . . for now. [read post]
25 Feb 2014, 6:50 am
All commercial property owners, tenants and listing agents involved in leases in which the tenant will pay for leasehold improvements should take careful note to adhere to these guidelines if they wish to avoid sales tax liability for the improvements. [read post]
25 Jan 2010, 1:37 pm
Below is a summary published on the Federal Deposit Insurance Corporation (FDIC) website: Under the Protecting Tenants at Foreclosure Act: All tenants must receive a 90-day notice before being evicted as the result of a foreclosure. [read post]
14 Apr 2014, 7:12 am
For a tenant, it may mean the difference between merely closing a failing venture with minimal personal loss or risking the loss of all of its assets. [read post]
6 May 2013, 12:34 pm
Under Massachusetts common law, once a lease is terminated for any reason, including a tenant’s default, the tenant is no longer liable to pay rent thereafter accruing unless there is an enforceable lease provision specifying damages due the landlord as a result of the termination. [read post]
1 Jan 2024, 10:00 pm
SB 659 alters this by requiring the dismissal of an eviction action if the tenant pays all rent owed, along with any other payment mandated by the court. [read post]
18 Jun 2013, 9:21 am
With the new modifications, Saturdays, Sundays and legal holidays do not stay (delay) this 24 hour notice period. 83.64(1) - Landlords are prohibited from retaliatory conduct (revenge) against a tenant for specified actions; this provision has been expanded to include the prohibition for retaliatory conduct of a landlord against a tenant for (i) the tenant paying all rents, that were originally due to the landlord, to a condominium association, cooperative or… [read post]
25 Aug 2016, 10:00 am
It is important to contact your insurance provider early in the process so they are kept apprised of the situation, and to ensure that you are not waiving any rights under your policy due to the delay. [read post]
16 Jan 2019, 10:00 pm
It was alleged that Wetzel reported all of this to the landlord and that the landlord did not do anything to investigate the incidents or protect her. [read post]
13 Jan 2013, 9:01 pm
The basic problem arises when a tenant defaults under its loan, usually resulting in a contemporaneous default in the performance of its lease. [read post]
11 Feb 2016, 12:59 am
Any suggestions? [read post]
29 Nov 2012, 10:16 pm
In the settlement, the defendants consented to a Court Order prohibiting Stanley Katz from managing his buildings, prohibiting all defendants from sexually harassing tenants in the future, and requiring meaningful procedures for tenants to report any future sexual harassment. [read post]
20 Mar 2008, 4:38 pm
At issue are cross-claims filed by the landlord of the facility arguing that the tenant is required to indemnify the landlord under a paragraph of the lease which reads that the tenant must: "[i]ndemnify and save Landlord … harmless from and defend against any and all demands,claims, actions, damages, costs and expenses, including [costs and attorneys' fees] arising from the… [read post]
27 Oct 2022, 12:15 am
Shares can be held of record by multiple owners in a variety of ways, including as fiduciaries, members of a partnership, joint tenants, tenants in common, spouses as community property, tenants by the entirety, voting trustees, or persons entitled to vote under a shareholder voting agreement. [read post]
4 Mar 2013, 8:14 am
Under this scenario, the landlord must first pursue the tenant; obtain a judgment against the tenant; seek collection and satisfaction of the judgment from the tenant; and, if after all these have occurred and the landlord has not been made whole, then it can pursue the guarantor. [read post]
2 Jul 2014, 6:00 am
However, Section 110 is not a cure-all. [read post]
