Doug Cornelius .com
Leases
Tenant Allowance and Build-Out Obligations When a Tenant Files for Bankruptcy
Sutherland published a timely legal alert on what a landlord can do with a tenant allowance and tenant build-out obligations when a tenant goes bankrupt: Obtaining Relief From Tenant Allowance and Build-Out Obligations When a Tenant Files for Bankruptcy. The alert points out that lease provisions that allow the landlord to stop completion or funding [...]
Housing Authority Has Stronger Powers to Evict For Criminal Behavior of Tenants
In Boston Housing Authority v. Garcia (SJC-09753) (August 17, 2007), the Massachusetts Supreme Judicial Court clarified the position after United States Supreme Court’s ruling in Department of Hous. & Urban Dev. v. Rucker, 535 U.S. 125, 130 (2002). Rucker provided that Federal housing law, 42 U.S.C. ยง 1437d (1)(6) (2000), “unambiguously” requires lease terms “that [...]
Acceleration Clause Upheld For Lease Default
The Massachusetts Supreme Judicial Court allowed a commercial landlord to enforce a liquidated damages clause against a tenant for non-payment of rent in Cummings Properties, LLC vs. National Communications Corporation (SJC Docket 09778. July 17, 2007). The tenant had argued that the liquidated damages clause was unenforceable under Commissioner of Insurance v. Massachusetts Acc Co., [...]
Recent Posts
The personal side of Doug Cornelius by Doug Cornelius is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.
Based on a work at dougcornelius.com.
Permissions beyond the scope of this license may be available at http://dougcornelius.com/about/contact.
Powered by Wordpress. Designed by 