Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Section 1031 transactions
- Easement
- Eminent Domain
- U.S. Supreme Court
- Breach
- Lenders
- Commercial Real Estate
- Condemnation
- Land Use Law
- Planning and Zoning
- Purchase Contract
- Real Estate Law
- Zoning Regulations
- Affordable Housing
- Economic Development
- Landlord
- Lease
- Tenant
- URLTA
- Commercial Lease
- Deeds
- Emergency Preparedness
- Federal Housing Administration (FHA)
- U.S. Department of Housing and Urban Development
- Code Enforcement
Showing 27 posts from 2014.
“Is this the airport, Clark?” – Aunt Bethany
Your guests have arrived and you’ve just spent that last ten hours Griswolding your home and now you and your company are standing in the front yard ready to bask in the warm glow of a million tiny lights, when your neighbor strolls over and says, “I wouldn’t do that. The homeowner’s association won’t allow it. Oh, and you can’t park there.” What? But you nearly died placing those reindeer on the roof! And where are all these people supposed to park?? More >
Tenant Absence During the Lease Term: Protecting Your Property
Every landlord’s goal is to have his/her rental property under lease and occupied by tenants who will not only pay their rent on time, but who will properly use and maintain the property. After all, the property is an investment by the landlord of both time and money. While landlords typically relate property damage to tenants’ use of the property (i.e. throwing wild parties or vandalism), nonuse can also result in significant damage to the property, not only causing damage to the structure itself, but a diminution in value of the property overall. This is especially true during the winter months. For example, a tenant may take an extended vacation for the holidays or even abandon the property altogether. Any time a property is unoccupied for an extended period of time, maintenance issues may go undetected and/or other problems may arise unbeknownst to the tenant(s) or the landlord. These issues/problems may include the heat being turned off by the tenant, running water left on, a leaky faucet, a stove being left on, an electrical issue, or the shut off of one or more utilities by the respective utility company for nonpayment. Such issues can result in damage to the property, including, but not limited to, frozen/burst pipes, flooding, or fire. Moreover, the damage can extend to other units and/or affect the safety of neighboring tenants. Thus, it is important for a landlord to know when a tenant is going to be gone for an extended period of time. More >
Reading The Writing On The…Yard? Regulating Political Signs
Many local governments have ordinances on the books that regulate the number, size, location, and duration of political yard signs. However, many of these regulations probably do not pass constitutional muster and are not enforced. The difficulty with enacting yard sign regulations is that the signs constitute political speech which is one of the most precious and protected forms of free speech guaranteed by the First Amendment of the United States Constitution. Courts across the country have consistently ruled that political speech cannot be regulated more stringently than commercial speech. For example, a local ordinance that sets time limits on how long political yard signs can be placed prior to an election and a time to remove them after the election are typically invalidated because other types of signs, such as real estate signs, have no durational limits. Similarly, ordinances that limit the number of political signs to no more than two per property have been struck down. Limiting the number of signs restricts free speech because the household residents may have different political viewpoints. Further, many election seasons are to fill the seats of many different offices, thus limiting the number of signs impermissibly limits the number of candidates that a property owner can support. Regulating the size of political yard signs is problematic too if the local sign ordinance limits political signs to a smaller size than permitted for other types of signs. More >
“How Do I Find My Property Lines?”
Knowing the location of your property lines is crucial when determining where to erect new structures, such as a fence or pool, on your land. It can even come in handy when doing such things as cutting the grass or trimming trees. Not knowing your land from your neighbor’s is a surefire way to end up in a dispute – even litigation. Finding out where the lines are is not necessarily difficult, but if you are considering taking drastic action that involves time and/or money, it is certainly worth it to double-check with a professional about whose land is whose. More >
‘Tis The Season To Think About Your Retail Lease
With November nearly upon us, the holiday shopping season is right around the corner. For retailers, the peak season can bring a whole host of issues to be considered in connection with a commercial lease. The best time to think about these issues is now – before the droves of eager customers start lining up at the doors. So, if you are a retailer and lease a space for your business, take a few minutes and consider the following: More >
Here One Minute, Gone The Next: Temporary Retail Tenants
A sure sign that fall is approaching: Halloween costume stores start popping up in retail centers. These stores are only around for a short period, but they can certainly draw a crowd in the time that they are there. It seems that temporary tenants (also called “pop-up stores”) have become commonplace over the last few years…and they are opening more than the standard Halloween shop. More >
Finding the Perfect Fit the Right Way
Many of the issues that landlords encounter with problem tenants can be avoided or, at least minimized, by using a comprehensive screening process. This is sometimes easier said than done. Screening applicants in order to find the right fit is legal. However, landlords must be mindful that, under the Fair Housing Act and other applicable state and federal laws, a landlord cannot refuse to rent or lease to a person or otherwise discriminate against a person based on race, color, religion, sex, familial status, disability or national origin. Furthermore, while background searches and/or credit checks can be an effective screening method, a landlord must adhere to certain procedures during the application process. It is important to have the process outlined beforehand and carefully follow it with each prospective tenant to ensure fairness and consistency. The following are some helpful guidelines to keep in mind in the screening process: More >
Is An Interest-Only Mortgage Right For You?
There are a number of financing options to consider when purchasing a home, one of which is the interest-only mortgage. This type of mortgage requires a homeowner to pay only the interest that accrues on the loan each month. None of the principal is paid off until the interest-only period expires. The length of the interest-only periods can vary, but payments are relatively low during this time. After expiration of the interest-only term, the buyer is then required to make monthly payments for the principal. More >
“Mi Casa Es Su Casa”… Not So Fast, Landlords
Mi Casa Es Su Case translates to “My House Is Your House.” That sounds nice, and while technically true, tenants are not always so welcoming to their landlord. In fact, sometimes they may downright refuse to let their landlord enter their unit. There are several reasons that access by the landlord to an occupied unit may be necessary: to address a disturbance, to respond to an emergency, to make repairs, etc. However, a landlord must be mindful of the parties’ respective rights under the Uniform Residential Landlord Tenant Act.[1]While tenants generally have a right to quiet and exclusive possession of the property during the lease term, the tenants may not unreasonably withhold consent or deny access to the landlord.[2] Pursuant to Kentucky Revised Statute (KRS) 383.615, the landlord is entitled “to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply the necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.”[3] More >
