News

Landlords, Tenants, Guaranties and Bankruptcy

Landlords, Tenants, Guaranties and Bankruptcy The new case of Lariat Company, Inc. v. Wigley (In re Wigley), 15 F.4th 1208 (8th Cir. 2021) shows exactly what a landlord should do in pursuing a guarantor (and his wife) when the tenant defaults and the guarantor tries shenanigans to try to avoid...

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EVICTION AND RENT INCREASE MORATORIUM UPDATE

 EVICTION AND RENT INCREASE MORATORIUM UPDATE Los Angeles CITY extends Local Emergency to January 8, 2023 Los Angeles City eviction moratorium is extended through January 8, 2023, and then it will be considered for further extension on a month-to-month basis.  The Los Angeles Housing Department (“LAHD”) website[1], under the tenant...

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NEW LANDLORD PROTECTIONS – COVID BANKRUPTCY FILINGS BY TENANTS

NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic.  The amendments relate to the deferral...

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Bankruptcies: Abatement of Rent During the Pandemic

Bankruptcies:  Abatement of Rent During the Pandemic 2020 has not been kind to landlords, restaurants, and other segments of the retail industry. Commercial landlords need rents to pay the property taxes, insurance and mortgage, which may be guarantied by the owners of the corporate landlord. Commercial tenants need retail sales...

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COVID-19: Force Majeure Clauses in Contracts – Court Decision

COVID-19: Force Majeure Clauses in Contracts – Court Decision These are trying times.  Did your business get shuttered by governmental mandated closure orders due to COVID-19?  Are your business vendors and contract parties still looking to your business to timely pay and perform as normal?  Contracts often include a force...

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Coronavirus: Landlord and Tenant Matters

As of Monday, April 6, 2020, all California courts are prevented from processing evictions and judicial foreclosure actions (with some limited exceptions). The emergency rules are designed to protect tenants and borrowers, govern all California State Courts and apply to both residential and commercial tenants and borrowers. Below are synopsis...

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