The Supreme Court has shifted the land use playing field back towards landowners and away from government freedom to impose conditions on the development of property. While by no means invalidating local government land use regulatory authority, the Court did hold that imposing an overreacting condition on development can constitute a taking. In a case… Continue Reading
Category Archives: Leasing
Subscribe to Leasing RSS FeedNew Energy Disclosure Requirements for Non-Residential Buildings
Posted in Leasing, Real Estate DevelopmentMajor deals involving a whole non-residential building will soon require owners and agents to disclose energy use data to a prospective buyer, tenant, or lender before any sale, lease, financing or refinancing of the entire building. How? By using the Environmental Protection Agency’s (EPA) online software, Energy Star Portfolio Manager, energy usage data is collected,… Continue Reading
Consent to Lease Assignment – Do I Really Have to be Reasonable?
Posted in LeasingMost leases contain an assignment provision providing that a tenant must obtain their landlord’s consent prior to assigning (or subletting) its interest in a lease. However, if the lease is silent regarding the standard of Landlord’s consent, must the landlord be reasonable in granting or withholding that consent? The answer: it depends on when the… Continue Reading
Borrowers Beware: Lenders Owe No Duty to Borrowers to Determine Ability to Repay a Loan
Posted in LeasingIn late 2010, the First District Court of Appeals in California ruled against borrowers who sought to allege fraudulent misrepresentation against a lender who intentionally misrepresented their income in a loan application, and ultimately they could not afford to repay the loan. The Court based its ruling in part on a finding that there is… Continue Reading
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