Landlord Tenant Law

  • The Legal Intelligencer | Commentary

    Superior Court Addresses Subject Matter Jurisdiction in an Eviction Action

    By Alan Nochumson | August 15, 2019

    In Philadelphia, the Philadelphia Municipal Court and the Philadelphia Court of Common Pleas have concurrent jurisdiction to handle landlord-tenant disputes.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | August 13, 2019

    In his Realty Law Digest, Scott E. Mollen discusses two landlord-tenant cases: ‘699 Venture Corp. v. Zuniga,’ and ‘Edelstein LLC v. Connelly.’

  • The Legal Intelligencer | News

    Setoff of Judgments in Dueling Suits Between Landlord and Tenant Reversed

    By P.J. D'Annunzio | August 8, 2019

    The state Superior Court has vacated the setoff of judgments in the case of a tenant who received money for a slip-and-fall case involving her landlord's property, but who also was sued for failure to pay thousands in back rent.

  • New York Law Journal | Expert Opinion

    Court Finds Lease Allowed Yellowstone Motion ‘After’ Cure Period Expired

    By Warren A. Estis and Michael E. Feinstein | August 6, 2019

    In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss “255 Butler Associates, LLC v. 255 Butler, LLC,” a "highly unusual case" where, despite the clear rule stating that an application for Yellowstone relief must be made “prior to the expiration of the cure period set forth in the lease and the landlord’s notice to cure,” the Appellate Division, Second Department upheld the Supreme Court’s granting of a Yellowstone motion which had been made after the expiration of the cure period in the notice to cure.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | August 6, 2019

    In his Realty Law Digest, Scott E. Mollen discusses ‘Matter of AIH Group v. C.J.F. & Sons,’ which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case ‘186 Norfolk LLC v. Euvin,’ where the court denied an occupant’s claim for succession; and 'Matter of Greentree Found. v. Mammin,’ where it was found that a board of zoning appeals improperly based its decision on submissions that were not provided to the petitioner.

  • New Jersey Law Journal

    BAR REPORT - August issue of New Jersey Lawyer looks at landlord-tenant law

    By New Jersey State Bar Association | August 5, 2019

    August 'New Jersey Lawyer' magazine focuses on landlord-tenant law

  • New York Law Journal | News

    Tenant in Rent-Stabilized Apartment Needs Evidence of Overcharges to Prevail, Appeals Court Says in Reversal

    By Jason Grant | August 2, 2019

    “While rental history may be examined beyond [the] four years [before the bringing of a lawsuit] to determine rent-stabilized status, it may not be used for the purpose of calculating an overcharge,” a unanimous Appellate Division, First Department panel pointed out.

  • New York Law Journal | Analysis

    Legal Possession: What Does It Mean?

    By Thomas C. Lambert and Steven Shackman | August 1, 2019

    A discussion of the inconsistencies associated with the term “legal possession” with the authors concluding that the term has no single, definite, fixed meaning. In fact, separate authorities ascribe different meanings and neither of those “official” meanings is consistent with the most common usage, i.e., “lawful possession.”

  • The American Lawyer | News

    Teetering LeClairRyan Faces Claims Over Shuttered Office, Gender Bias

    By Dan Packel | Jack Newsham | July 30, 2019

    The firm has failed to make payments to the landlord of its shuttered Williamsburg, Virginia, office and stands accused of paying a female marketing professional less than her male subordinate.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | July 30, 2019

    In his Realty Law Digest, Scott Mollen discusses "DiLorenzo v. Windermere Owners," a case of interest because even with the recently enacted rent legislation which permits rent increases based on individual apartment improvements, parties, lawyers and courts will still need to address issues involving the burden of proof, evidence and appellate review.

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