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30 Sep 2012, 2:05 pm
That kind of says it all. [read post]
29 Sep 2012, 11:27 am
Under most (or perhaps all) statutes providing for limited liability, an individual is liable for his or her own actions, including negligent acts. [read post]
26 Sep 2012, 6:48 am
Interestingly, the court cited one decision where the phrase “all court costs” was held to include expert fees simply because of the additional word “all”. [read post]
26 Sep 2012, 6:48 am
Interestingly, the court cited one decision where the phrase “all court costs” was held to include expert fees simply because of the additional word “all”. [read post]
25 Sep 2012, 7:04 pm
If the trust is proven, the court must consider any impact its terms may have on title and must also consider any accounting that arises between the parties. [read post]
25 Sep 2012, 4:47 am
At the farthest extreme, under a net lease or absolute net lease, a commercial tenant pays all real estate taxes, insurance, and costs of maintenance or repairs, operation, and improvements of the commercial property. [read post]
23 Sep 2012, 8:18 am
Honestly, did the tenant? [read post]
19 Sep 2012, 7:59 am
For example, a house that is held by a husband and a wife as tenants by the entireties goes directly to the survivor without probate. [read post]
19 Sep 2012, 7:59 am
For example, a house that is held by a husband and a wife as tenants by the entireties goes directly to the survivor without probate. [read post]
19 Sep 2012, 7:59 am
For example, a house that is held by a husband and a wife as tenants by the entireties goes directly to the survivor without probate. [read post]
16 Sep 2012, 11:55 am
Under the contract theory, a landlord, like any other contracting party, has a duty to mitigate its tenant’s damages. [read post]
13 Sep 2012, 7:45 pm
You should establish the condition of the property before you sign any commercial tenancy agreement and if necessary employ a specialist building surveyor to prepare a report advising you of any areas of disrepair. [read post]
13 Sep 2012, 7:45 pm
Action against sub-tenants: under the Law of Distress (Amendment) Act 1908 a superior landlord can serve a notice in the sub-tenant detailing the arrears of rent due for the tenant and requiring all future rent payment to be made directly to the superior landlord. [read post]
11 Sep 2012, 8:52 am
Interesting how much we talked about territoriality in various ways here. [read post]
10 Sep 2012, 4:13 pm
Where a secure tenant dies, the language of section 89(1) and (2) vests the secure tenancy immediately on the death in any person qualified under the definitional sections 87 and 88. [read post]
10 Sep 2012, 4:13 pm
Where a secure tenant dies, the language of section 89(1) and (2) vests the secure tenancy immediately on the death in any person qualified under the definitional sections 87 and 88. [read post]
10 Sep 2012, 3:00 am
MCC contended that he allowed WC to participate in the warehouse purchase solely to assist him in deferring taxes as part of a "Section 1031 exchange"; that it was never intended that WC would hold a beneficial interest in the LLC; and that in any event, in May 2001, WC withdrew all of his capital in the LLC consisting of his initial $193,854 contribution. [read post]
9 Sep 2012, 10:00 pm
MCC contended that he allowed WC to participate in the warehouse purchase solely to assist him in deferring taxes as part of a “Section 1031 exchange”; that it was never intended that WC would hold a beneficial interest in the LLC; and that in any event, in May 2001, WC withdrew all of his capital in the LLC consisting of his initial $193,854 contribution. [read post]
In A Lease Or Other Agreement, Saying That Something Needs To Be “Material” Is Perfectly Acceptable!
9 Sep 2012, 1:44 pm
Try these: … shall not materially increase Tenant’s other obligations … shall not materially and adversely affect the rights of Tenant … there has been no material adverse change in Borrower’s or any guarantor’s financial condition As a material inducement for… [If such act] shall prevent or materially affect Tenant’s ability to open and operate its store … upon paying the Fixed Rent and other charges… [read post]
7 Sep 2012, 10:16 am
Any settlement of a complex litigation matter involves necessary compromises for all parties involved. [read post]
