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State and Local Government Commercial Leases Rental Property

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Miller Canfield

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

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The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,...more

Sands Anderson PC

Reasons Why a Real Estate Transaction with a Local Government May Take So Long

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When an Industrial Development Authority, sometimes called an Economic Development Authority (IDA/EDA), purchases or sells real property, the transactions look much like any transaction with any other entity landowner....more

Perkins Coie

San Francisco Board of Supervisors Enacts a New Commercial Eviction Moratorium Ordinance - Update #2

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On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board...more

Blank Rome LLP

New Jersey Eases Restrictions on Commercial Evictions

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In response to the COVID-19 pandemic, in March 2020 the New Jersey Courts postponed all commercial landlord/tenant trials and barred the issuance of Writs of Possession arising out of Final Judgments in Foreclosure in...more

Stoel Rives LLP

Stoel Rives Fifth Updated Guide to Washington State Eviction Moratoria and Tenant Protections

Stoel Rives LLP on

In response to the COVID-19 crisis, many jurisdictions took emergency actions imposing moratoria on residential and commercial evictions affecting properties in Washington State. On March 27, Stoel Rives prepared a guide...more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

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The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Kilpatrick

Executive Order 202.70 Extends Moratorium on New York Commercial Evictions and Mortgage Foreclosures to January 2021

Kilpatrick on

On October 20, 2020, New York Governor Andrew Cuomo issued Executive Order 202.70, which continued through January 1, 2021 the moratorium on initiating a proceeding or enforcement of (a) an eviction of any commercial tenant...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021

On October 20, 2020, in response to the continued health and economic hardships faced by New York business owners due to the COVID-19 pandemic, Governor Cuomo signed a new executive order extending the Statewide moratorium on...more

Burr & Forman

Rough Ride Ahead for Alabama Landlords and Tenants Despite Reopening Efforts

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Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail...more

Katten Muchin Rosenman LLP

NYC Law Renders Some Commercial Lease Guarantees Unenforceable

Under the newly enacted law Int. No. 1932-A, the New York City Administrative Code was amended to render unenforceable, in certain instances, the personal liability of guarantors of payment obligations contained in commercial...more

Winstead PC

Commercial Landlords in Texas Should Expect Delays in the Eviction Process during the COVID-19 Pandemic

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In response to forced business shutdowns, layoffs and closings that have occurred due to the COVID-19 pandemic, state and local governments have implemented temporary stays on evictions as a way to protect individuals and...more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

Coblentz Patch Duffy & Bass

San Francisco Commercial Eviction Moratorium Applies to Security Deposits

As previously reported on the Unfamiliar Terrain blog, San Francisco Mayor London Breed declared a moratorium on evictions of small and medium-sized businesses (those having worldwide receipts of $25 million or less) impacted...more

Seyfarth Shaw LLP

A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19...

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As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their...more

Seyfarth Shaw LLP

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

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As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

Sheppard Mullin Richter & Hampton LLP

State-Level Rent Relief Due to COVID-19 Impacts: California Governor Newsom’s Executive Order Explained

As state and local governments act to address the economic fallout of the COVID-19 pandemic, relief for renters impacted by the coronavirus has come from both state and local policymakers. In previous posts, we covered San...more

Snell & Wilmer

Arizona Governor Doug Ducey Issues Order Delaying Evictions of Small Businesses and Nonprofits

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On April 6, 2020, Governor Doug Ducey issued Executive Order 2020-21, “Prohibiting Small Business Evictions,” which delays commercial eviction actions against certain small businesses and nonprofit organizations until May 31,...more

Bricker Graydon LLP

Ohio Governor signs Executive Order on commercial evictions and foreclosures

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On April 1, 2020, Ohio Governor Mike DeWine signed Executive Order 2020-08D to provide relief to small business tenants and commercial real estate borrowers suffering from the economic impact of Ohio’s Stay-at-Home Order and...more

Bilzin Sumberg

Decrease in Florida Sales Tax on Commercial Rent

Bilzin Sumberg on

Effective as of January 1, 2020, the Florida state sales tax rate applicable to the lease of commercial real property has decreased from 5.7% to 5.5%.  Therefore, the state will levy a 5.5% sales tax on all rent collected...more

Miller Starr Regalia

California’s New Statewide “Just Cause Eviction” And “Anti-Rent Gouging” Law

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With the enactment of Assembly Bill 1482, signed by Governor Newsom in October 2019, the California legislature imposed a “just cause” limitation on lease terminations, non-renewals, or evictions for most California...more

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