Category: Real Estate / Property

Condominium Living-Rule Breakers Take Heed

Condominium living isn’t for everyone. A unit owner in a condominium or planned community is governed by a number of rules contained in the declaration and bylaws, and the homeowners association runs the show, often with an iron hand. In my practice, I represent associations… Continue reading

Who’s on Top? Tenants, Subordination and Foreclosure

It is a standard provision in nearly every lease that the lease will be “subordinate” to the lien of any mortgage on the leased property.  While there are variations on exactly what the lease might say and exactly what problems may arise, this seemingly boiler-plate… Continue reading

A Landlord’s Limit in Liability

If you own a building which you do not occupy and which you have leased to a tenant, can you be responsible for injury to your tenant’s visitor for an injury because of a defect on the property? In a recent opinion, the U.S. District… Continue reading

Security for Seller “Take Back” Financing

One way to increase the chances of selling your business  for the right price is to provide financing of at least a portion of the purchase price paid by your purchaser.  Suppose, for example, you are selling a restaurant business, including real estate, restaurant assets… Continue reading

Landlord’s Right of Entry – Plan Ahead for Problems and Opportunities

In landlord/tenant law, the general rule is that until the termination of the lease, the tenant has exclusive control and possession of the premises.  Thus, the landlord has no right to enter the property during the term of the lease. To deal with this rule,… Continue reading

Is a Landlord Liable to a Tenant for Criminal Acts of a Third Party?

Being a landlord carries with it certain risks, many of which are obvious.  One concern, which is fortunately not a commonly reported one, is whether a landlord is liable for criminal acts perpetrated on a tenant on the leased premises.  The answer is a definite… Continue reading

Real Estate Assessment Appeals for 2015

It’s that time of year again.  The real estate assessment appeals deadline for the upcoming year is fast approaching.  The due date for Montgomery, Chester, Bucks and Delaware Counties is August 1, 2014.   For Berks County there is a little more of a reprieve –… Continue reading

Tenant Estoppel Certificates

What is a Tenant Estoppel Certificate?  To answer that question we must first explore the legal and equitable notion of “estoppel”.  Simply put, estoppel is a time-honored principle of the law that a person cannot take a position which is inconsistent with a prior action… Continue reading

No Good Deed Goes Unpunished — Landlords Protect Yourselves

You only have to get burned once to realize that trying to be a benevolent landlord can cost you a lot of money and sleep. I represent large landlords, which lease hundreds of residential units, and they are keenly aware that, while it is important… Continue reading

Spot Assessments and Appeals by Local Bodies

In past articles, we have published notices of deadlines for property owners to appeal real estate assessments where they believe the assessments to be too high.  What if, due to changing market values or other causes, the assessment is too low? Real estate assessments are… Continue reading