Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes
Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee…
Foreclosure Against a Commercial Landlord: Impact on Lease Rights
Foreclosure can often have tricky impacts on lease rights, as covered on Money and Dirt in prior posts. See Eviction After Foreclosure: California Supreme Court Weighs…
Can a Holdover Commercial Tenant Hold On to a Right of First Refusal?
In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under…
Contribution Rights Among Co-Guarantors: Liability Must Be Proportional
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation,…
Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the…
Commercial Lease “Co-Tenancy” Clauses: Unconscionable, Penalty, or Enforceable?
When a court of appeal announces that it is tackling a new commercial lease issue for the first time ever in a published decision, it’s wise…