An Equilibrium Analysis of Real Estate Leases
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Chapter 11: Property and Conveyancing Cornelius J
Annual Survey of Massachusetts Law Volume 1957 Article 15 1-1-1957 Chapter 11: Property and Conveyancing Cornelius J. Moynihan Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Property Law and Real Estate Commons Recommended Citation Moynihan, Cornelius J. (1957) "Chapter 11: Property and Conveyancing," Annual Survey of Massachusetts aL w: Vol. 1957, Article 15. Moynihan: Chapter 11: Property and Conveyancing PART II Private Law CHAPTER 11 Property and Conveyancing CORNELIUS J. MOYNIHAN A. REAL PROPERTY §ll.l. Landlord and tenant. The exercise of an option to renew a lease appears to be a relatively simple matter to the ordinary business man but, as lawyers well know, a carelessly drafted notice of renewal can be the prelude to costly litigation. The case of Ames v. B. C. Ames CO.l affords a good example. On April 1, 1946 the defendant leased certain business premises to the plaintiff for a term of ten years with the option to renew for a further term of ten years provided that written notice was given to the lessor at least six months prior to the expiration of the term, the renewal rental to be agreed upon by the parties or determined by arbitration but in no event to be less than $4800 a year. The lease contained the standard clause prohibiting assignment or subletting by the lessee without the written consent of the lessor, but concurrently with the execution of the lease the lessor agreed in writing to assent to an assignment to a corporation "owned and operated by" the lessee. -
CTCAC GOOD CAUSE EVICTION LEASE RIDER (To Be Attached to Resident Lease)
CTCAC GOOD CAUSE EVICTION LEASE RIDER (to be attached to resident lease) Property Name:______________________________________ Unit #___________ Household Name:____________________________________ Dear Resident or Applicant: The owner(s) of this property rents residential units under the federal Low-Income Housing Tax Credit Program (the “program”) administered by the California Tax Credit Allocation Committee (TCAC). Under the program, the owner has agreed to rent some or all of the units in the property to low-income households and restrict the rents for those units. Another protection provided by federal law is that Low Income Tenants may not be evicted without good cause. The following Lease Rider is an important part of ensuring your rights to good cause for eviction. The Lease or Rental Agreement dated ________________ is hereby amended by adding the following provision: Lease Rider: Good Cause for Eviction Owner may not terminate the tenancy the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy, and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner. -
Transfer of Ownership Guidelines
Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION Issued October 30, 2017 TABLE OF CONTENTS Background Information 3 Transfer of Ownership Definitions 4 Deeds and Land Contracts 4 Trusts 5 Distributions Under Wills or By Courts 8 Leases 10 Ownership Changes of Legal Entities (Corporations, Partnerships, Limited Liability Companies, etc.) 11 Tenancies in Common 12 Cooperative Housing Corporations 13 Transfer of Ownership Exemptions 13 Spouses 14 Children and Other Relatives 15 Tenancies by the Entireties 18 Life Leases/Life Estates 19 Foreclosures and Forfeitures 23 Redemptions of Tax-Reverted Properties 24 Trusts 25 Court Orders 26 Joint Tenancies 27 Security Interests 33 Affiliated Groups 34 Normal Public Trades 35 Commonly Controlled Entities 35 Tax-Free Reorganizations 37 Qualified Agricultural Properties 38 Conservation Easements 41 Boy Scout, Girl Scout, Camp Fire Girls 4-H Clubs or Foundations, YMCA and YWCA 42 Property Transfer Affidavits 42 Partial Uncapping Situations 45 Delayed Uncappings 46 Background Information Why is a transfer of ownership significant with regard to property taxes? In accordance with the Michigan Constitution as amended by Michigan statutes, a transfer of ownership causes the taxable value of the transferred property to be uncapped in the calendar year following the year of the transfer of ownership. What is meant by “taxable value”? Taxable value is the value used to calculate the property taxes for a property. In general, the taxable value multiplied by the appropriate millage rate yields the property taxes for a property. What is meant by “taxable value uncapping”? Except for additions and losses to a property, annual increases in the property’s taxable value are limited to 1.05 or the inflation rate, whichever is less. -
Law and Economics of Leases
Preliminary draft; do not cite without permission THE ECONOMICS AND LAW OF LEASING Thomas W. Merrill* This paper is about a widespread and highly successful economic institution that has been largely ignored in both economic and legal literature: leasing. A lease is a transfer of an asset for a limited time in return for periodic payments called rent. Leases are used to acquire a very wide variety of assets. Resources that are commonly leased include agricultural land, mineral and timber rights, commercial office buildings, shopping centers, industrial and commercial equipment such as ships, aircraft, machinery and computers, residences including both freestanding houses and apartments, autos and other motor vehicles, and furniture, among other things. Other than ownership, leases are probably the most common legal form of holding assets throughout the world. Although comprehensive data about leasing are not available, a brief glance at such data as exist confirms the very high frequency with which leasing is used, both in the U.S. and in other developed economies. A large percentage of households lease the dwelling in which they live, and the percentage leasing rather than owning has increased since the recession of 2007- 08. In the first quarter of 2017, the United States Census Bureau reported that 32 percent of housing units were occupied by persons who lease, as opposed to own or live in units with others. In Europe, the percentages are generally similar, although in Germany and Switzerland roughly half the population live in leased dwellings. Leases of personal property are also surprisingly pervasive. By one estimate, leases account for more than twenty-five percent of all new capital equipment in the U.S., and approximately 80 percent of all U.S. -
HUD Section 8 Model Lease
OMB Approval No. 2502-0204 (Exp. 06/30/2017) MODEL LEASE FOR SUBSIDIZED PROGRAMS (A) 1. Parties and The parties to this Agreement are ____ ____ Dwelling ____________________, referred to as the (B) Unit: Landlord, and ______________________________ ____________________________, referred to as the Tenant. The Landlord leases to the Tenant(S) unit number(C) __ ____, located at (D) __________________________ _______________________________________ in the project known as______(E) _______________________________. 2. Length of Time The initial term of this Agreement shall begin (Term): on(F) ____ _____ and end on(G) ____ _____. After the initial term ends, the Agreement will continue for successive terms of one(H) _______ ____ each unless automatically terminated as permitted by paragraph 23 of this Agreement. (I) 3. Rent: The Tenant agrees to pay $____ __ for the partial month ending on(J) _____ ______. After that, Tenant agrees to pay a rent of $_(K) _ per month. This amount is due on the(L) ____ ____ day of the month at (M) ____________________ ___________________________________________ __________________________________________________________________. The Tenant understands that this monthly rent is less than the market (unsubsidized) rent due on this unit. This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) and/or because HUD makes monthly payments to the Landlord on behalf of the Tenant. The amount, if any, that HUD makes available monthly on behalf of the Tenant is called the tenant assistance payment and is shown on the "Assistance Payment" line of the Owner’s Certification of Compliance with HUD’s Tenant Eligibility and Rent Procedures form which is Attachment No. -
The Economics of Leasing
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2020 The Economics of Leasing Thomas W. Merrill Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Common Law Commons, Contracts Commons, and the State and Local Government Law Commons Recommended Citation Thomas W. Merrill, The Economics of Leasing, JOURNAL OF LEGAL ANALYSIS, VOL. 12, P. 221, 2020; COLUMBIA UNIVERSITY SCHOOL OF LAW, THE CENTER FOR LAW & ECONOMIC STUDIES WORKING PAPER NO. 628 (2020). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2709 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. The Center for Law and Economic Studies Columbia University School of Law 435 West 116th Street New York, NY 10027-7201 (212) 854-3739 The Economics of Leasing Prof. Thomas Merrill Working Paper No. 628 Sept 15, 2020 Do not quote or cite without author’s permission. An index to the working papers in the Columbia Law School Working Paper Series is located at https://law-economic-studies.law.columbia.edu/content/working-papers Electronic copy available at: https://ssrn.com/abstract=3701199 THE ECONOMICS OF LEASING Thomas W. Merrill* 2020 September 15 on guest by https://academic.oup.com/jla/article/doi/10.1093/jla/laaa003/5904227 from Downloaded ABSTRACT Leasing may be the most important legal institution that has received virtually no sys- tematic scholarly attention. -
THE BASICS: Commercial Leases
THE BASICS: Commercial Leases Adam M. Silverman Cozen O’Connor 1900 Market Street | Philadelphia, PA 19103 215.665.2161 | [email protected] TABLE OF CONTENTS Introduction ................................................................................................. 1 The Granting Clause ..................................................................................... 2 The Commencement Date ........................................................................... 3 Rent .............................................................................................................. 4 Permitted Use – Exclusives .......................................................................... 6 Tenant Improvements ................................................................................. 7 Maintenance ................................................................................................ 8 Insurance – Waiver of Subrogation ........................................................... 10 Default – Remedies .................................................................................... 11 Assignment And Subletting ........................................................................ 12 Subordination – Estopple Certificates ....................................................... 13 © 2010 Cozen O’Connor. All Rights Reserved. Comments in this article are not intended to provide legal advice. The analysis, conclusions, and/or views expressed herein do not necessarily represent the position of the law firm of Cozen O’Connor -
The Eviction Process in Philadelphia County
The Eviction Process in Philadelphia County Notice to Vacate In order to evict a tenant in Philadelphia, a landlord is required to give the tenant a written notice. If the tenant has a written lease, there may be a clause in the lease stating precisely how much notice is required. If a tenant is being evicted for non-payment of rent, unless otherwise specified in the lease, the landlord must give a ten (10) day written notice. However, sometimes the lease “waives”, or sets aside, the right to a notice. The same is true if there is a word of mouth lease agreement. All tenants have a lease of some kind; if the lease is not in writing, the law assumes the tenant to have an oral lease, or a lease created by the action of the landlord and tenant. For example, the action of paying rent to live in a property. If a tenant is being evicted for any reason other than non-payment of rent, and the lease does not say how much notice is required, the written notice must be 15 days if the lease is for one (1) year or less; if the lease is for more than one year, thirty (30) days written notice is required. Landlord must file a Complaint in Court After the time period in the written notice to vacate expires, the landlord must file an Eviction Complaint against the tenant in Landlord-Tenant Court. The Court will send a copy by U.S. mail to the tenant. The Complaint will state the date and time the tenant must appear in court, as well as the reasons the landlord is asking for an eviction. -
Crime Free Lease Addendum (PDF)
CRIME FREE LEASE ADDENDUM As part of the consideration for lease of the dwelling unit identified in the lease, Resident agrees as follows: 1. Resident and Resident’s Occupants whether on or off of the property; and Resident’s and Resident’s Occupant’s guests and invitees, are prohibited from: a. Engaging in any criminal activity, including drug-related criminal activity, on or off the said premises. Drug related criminal activity shall mean the illegal manufacture, sale, distribution, use, possession and possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance (also as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). b. Engaging in any act intended to facilitate criminal activity or permitting the dwelling unit to be used for criminal activity. c. Engaging in the unlawful manufacturing, selling, using, storing, keeping or giving of an illegal or controlled substance as defined in Illinois Compiled statutes, at any locations, whether on or near the dwelling unit premises. d. Engaging in any illegal activity, including, but not limited to prostitution, criminal street gang activity, threatening or intimidating as prohibited in, assault as prohibited in, including but not limited to the unlawful discharge of a weapon, on or near the dwelling unit premises, or any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, his agent, or other tenant, or involving imminent or actual serious property damage,. 2. VIOLATION OF ANY ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. -
IFRS 16 Implications for Lessors in the Real Estate Industry: Pwc in Depth
www.pwc.co.uk In depth IFRS 16 implications for lessors in the real estate industry Release Date July 2018 No. 2018-11 In depth Contents IFRS 16 implications for lessors in the Real Estate industry 1 Changes for lessors? 1 Lease payments 2 Separating or combining components of a contract 4 1. Interaction with IFRS 15 4 2. Determine overall consideration 5 3. Allocation of consideration 5 Subleases 7 Practical impact 7 Sale and leaseback transactions 8 Determining whether the transfer is a sale 8 Transfer of the asset is a sale 8 Transfer of the asset is not a sale 9 Lease modifications 10 Final thoughts 11 IFRS 16 implications for lessors in the real estate industry PwC Contents In depth Separating or combining Sale and leaseback Lease payments Subleases Lease modifications components of a contract transactions IFRS 16 implications for lessors in the Real Estate industry IFRS 16, ‘Leases’, will be effective for annual reporting periods beginning on or after 1 January 2019. Guidance for lessors remains substantially unchanged from IAS 17. Lessors are still required to classify leases as either finance or operating, and the indicators used to make that distinction are again unchanged from IAS 17. For a finance lease, the lessor recognises a receivable at an amount equal to the net investment in the lease; this is the present value of the aggregate of lease payments receivable by the lessor and any unguaranteed residual value. For an operating lease, the lessor continues to recognise the underlying asset on its balance sheet. Changes for lessors? Although the broad mechanics of lessor accounting remain unchanged, a number of topics do affect both lessees and lessors. -
Addendum to Lease Agreement
MANAGEMENT SERVICES CORPORATION Lease Transfer Addendum This Addendum, dated ____________, is an amendment to the Lease Agreement, LeaseID: ______-______-______-_______. The parties hereto acknowledge and agree that all of the terms and conditions contained in said Lease Agreement shall remain in full force and effect, except as amended herein. The parties further acknowledge and agree that this Addendum shall be incorporated by reference into said Lease Agreement and set forth therein. All persons signing this form are giving Management Services Corporation authority to make the following change to the Lease Agreement. Name Deletion is the removal of a person from a lease agreement. Effective ____________(date) resident(s) listed below will be deleted from the contract # noted above and any future lease renewals. ________________________________________________ __________________________________________________ (Resident) shall be removed from the Lease Agreement at the aforementioned premises and is no longer responsible for the terms and conditions of the Lease Agreement. This Addendum also releases said Resident from any and all existing damages and past due monies owed. MSC will not refund any portion of the security deposit to the Resident being released from the Lease Agreement. Removing a resident from a lease agreement will not result in any rent reduction. Upon move-out, Resident must have a zero balance on their account with MSC. A Name addition is the adding of a person to said lease agreement. Effective ___________(date) the resident listed below is being added to the lease agreement noted above________________________ ______________________________________________________Resident shall be added to the Lease Agreement at the aforementioned premises and is now responsible for all of the terms and conditions contained in the Lease Agreement, which includes any and all existing damages and past due monies owed. -
In the Farming Community, “Lease-To-Own” Refers to in a Farm Lease with an Option to Purchase Clause, an Certain Methods to Achieve Land Ownership
property even if the parties have no lease arrangement. This is often called an option contract. In the farming community, “lease-to-own” refers to In a farm lease with an option to purchase clause, an certain methods to achieve land ownership. Purchasing a individual (the buyer-tenant) can obligate the landowner farm with conventional financing is simply not an option (the seller-landlord) into selling by drawing on the (or the best option) for many. “Lease-to-own” can be a option. An option to purchase is generally written into a more affordable approach to farm ownership. standard lease agreement, but in some situations, the It’s important to note that “lease-to-own” is not a legal lease and option to purchase are two separate document or principle. Rather, “lease-to-own” refers to documents. For example, a tenant and landlord may strategies to gain ownership of a particular property at a agree on an option to purchase after the lease has been future point via specific legal transactions between the signed. They don’t necessarily need to sign a new lease if property owner and the buyer. they only need an option to purchase. Leases with an option to purchase included might be called a “lease-to- This fact sheet outlines three ways farmers can achieve own” agreement. Legally speaking, however, the lease-to-own objectives, the legal nature of these document is still a lease with an option to purchase arrangements, and issues farmers and landowners clause included. should consider before adopting them. When exploring or pursuing each of these strategies it’s important to Options to purchase come with various contingencies, work with an attorney on the legal procedures and and there is no single best clause or document.