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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.
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Recent Posts
- The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
- Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
- The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property
- Don’t Be Lazy with Your Tenders
- Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
Topics
- Anti-deficiency Statute
- Bankruptcy
- Commercial Real Estate Industry
- Construction and Development
- Environmental
- Evictions
- Foreclosures
- Guaranty Contracts
- Judgment Liens
- Medical Marijuana
- Real Estate and Bankruptcy
- Real Estate Appraiser Litigation
- Real Estate Broker Litigation
- Real Estate Purchase/Sale Transaction Litigation
- Real Estate Receivers
- Statutes Affecting Real Estate
- Title Insurance
- Uncategorized
- Zoning
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
Author:
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
Author:
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
Author:
Richard Herold
Comments Off on Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease
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
Author:
Richard Herold
Comments Off on Landlords Must Not be Arbitrary When Denying a Tenant’s Request To Sublease or Assign
Tagged Arizona real estate, commercial real estate, landlord, lease, real estate litigation, tenant
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New Landlords Should Not Ignore Arizona’s Requirement To Register With The County Assessor’s Office
By: Cory L. Braddock With ongoing price volatility in Arizona’s residential real estate market, homeowners may be tempted to become recreational landlords. Anyone considering renting their home, however, should be aware that Arizona law requires residential rental property owners to … Continue reading
Author:
Cory Braddock
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Tagged Arizona residential properties, residential, 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
Author:
Bob L. Olson
Comments Off on Nevada Supreme Court adds New Elements to Constructive Eviction Claims.
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
Bona Fide Tenancies for a Term Remain Protected
By: Julie E. Maurer A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states to retain the authority to … Continue reading
Author:
Julie Maurer
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Tagged foreclosures, Nativi v. Deutsche Bank Nat'l Trust Co., Protecting Tenants Against Foreclosure Act, PTFA, 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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