Volume 21 - Number 5 | October 2008
| October issue in PDF format … |
| Prevent Your Tenant Mix from Turning Your Property into a ‘REC’ By Amélie H. Mailloux An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process. |
| In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased Property By M. Rosie Rees and Sean M. Bahoshy This article examines three common provisions used by landlords to obtain all or a portion of the excess rents or other consideration received by a tenant pursuant to a sublease or assignment. Additionally, it addresses issues associated with the enforcement of these provisions and the landlord’s ability to receive excess rent where the lease is silent on the issue. |
| Havana Central: Tort Liability and Holdover Tenants By Gerald M. Levine A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar. |
| Taming the Tenant’s Form of Lease: Common Landlord ‘Fixes’ By Myles Hannan Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant’s form of lease, i.e., remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes." |
