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About This Blog
Welcome to the Snell & Wilmer real estate litigation blog. Check back here often for useful news and information about current topics involving real estate litigation. We hope that you will find the blog both timely and helpful, and we invite you to join the discussion by posting comments about the articles and contacting the authors with your thoughts about the posts.
Real Estate Litigation Group Members and Blog Contributors
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Recent Posts
- When Is A Project Delay Material and Actionable?
- The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction
- Can a Receiver Prime and Strip Liens Against Real Property?
- Equine Activity Liability Releases: The Arizona Court of Appeals Finds “Release” of Trail Ride Operator Doesn’t Block Negligence Claim for Participant Riding Injury
- Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
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A Landlord’s Guide to California’s New Statewide Rent Control Laws
By: Colton Addy Applicability of California’s Rent Control Laws: California Civil Code Sections 1946.2 and 1947.12 took effect on January 1, 2020, and implement statewide rent control in California for most residential properties. The rent control laws, however, do not … Continue reading
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Colton Addy
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Tagged California, landlord, Landlord Obligations, landlord-tenant, rent, rent control, rental, tenancies, tenant, Tenant Protection Act, Tenant Protection Act of 2019
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Estoppel Certificate? Estop and Check Your Lease
By: Lauren Podgorski If you are leasing space in a building, there may come a time when you receive a request from your landlord to fill out and sign an estoppel certificate. Estoppel certificates are usually sent to tenants in … Continue reading
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Lauren Podgorski
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Tagged Estoppel Certificate, landlord, lease, tenant
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Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease
By: Richard H. Herold In Franchise & High Properties, LLC v. Happy’s Franchise, LLC, a 2015 decision issued by the Court of Appeals in Michigan, the franchisor, Happy’s Pizza Franchise, LLC, signed a five-year lease for the commercial space to … Continue reading
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Richard Herold
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Tagged franchise litigation, franchisee, Guarantor, landlord, lease, tenant
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Landlords Must Not be Arbitrary When Denying a Tenant’s Request To Sublease or Assign
By: Richard Herold So, you’re a landlord who’s entered into a 30-year lease, the lease has rent escalation clauses which are dramatically out of step with the market, and it’s your view that you are therefore losing money every month. … Continue reading
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Richard Herold
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Tagged Arizona real estate, commercial real estate, landlord, lease, real estate litigation, tenant
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Nevada Supreme Court adds New Elements to Constructive Eviction Claims.
By Bob L. Olson Nevada, like many jurisdictions, has recognized the ability of a tenant to vacate property if it becomes unfit for occupancy for the purpose for which it was leased. This is commonly known as a “constructive eviction.” … Continue reading
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Bob L. Olson
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Tagged commercial lease, constructive eviction, evict, eviction, landlord, lease, tenant
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Landlords Need Not Deny Puppy Love
By: Erica Stutman Dog-lovers will be happy to know they may rent property to a tenant and the tenant’s dog without necessarily being subject to strict liability if man’s best friend turns out to be not-so-friendly after all. In Spirlong … Continue reading
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Erica Stutman
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Tagged 11-1001, 11-1020, 11-1025, dog bite, dog owner, landlord, lessee, lessor, Spirlong, strict liability, tenant
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Arizona Residential Landlords in Foreclosure – Expanding the Duty to Notify Tenants
By: Bob Henry The Arizona Residential Landlord Tenant Act, A.R.S. § 33-1301 et seq., already requires landlords to provide written notice (with specific language) to tenants of a “potential foreclosure” on the property if a “foreclosure action” has been “initiated” … Continue reading
Author:
Ben Reeves
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Tagged A.R.S. § 33-1331, Arizona residential properties, foreclosures, landlord, lease, residential, tenant
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