We were nearly a year in to a heated battle with a retail tenant. In court, I was representing the landlord. Each side had hundreds of thousands of dollars on the line and the whole case was now turning on the judge’s interpretation of a few words in the lease. This was a Yellowstone Injunction… Continue Reading
In this segment Jim Clark answers the most popular questions that come up through his interactions with landlords and real estate investors through his presentations to local organizations, networking, one on one conversations as well as direct posting through his web site and social media. This month the following questions are addressed: Percentage rent structures… Continue Reading
Tough words to hear, but true. I work with landlords all day, and I see all kinds of ways they get into trouble. Some troubles come by natural disaster and others come from malicious tenants, but all of it causes much distress to landlords. So what can you do about it? If you’ve voluntarily become… Continue Reading
Beware the ides of March. These famous words mark the day that Julius Caesar was tragically assassinated to death by his senate. Caesar’s stabbing followed a period of unrest in ancient Rome, and eventually led to Rome’s transformation from a republic to an empire. However, the ominous origins of this phrase are rooted in literature…. Continue Reading
It’s 1am and your cell phone is ringing. It’s one of your tenants. A call at this hour, they’re not calling to say hi. There’s a major problem. What could it be?? You reach for the phone with a pit in your stomach. Another day in the life of a landlord, right? Being a landlord… Continue Reading
No landlord wants to evict a tenant, they would rather that the rent gets paid, the tenant complies with the lease terms, and the landlord leaves the tenant to quiet enjoyment, but sometimes landlords have no choice. Fast Evictions: They’re All About Speed, Strategy, and Tact It’s evicting a tenant as quickly as possible, which… Continue Reading
I see it happen to successful residential real estate investors all the time. They get to a point where they’re doing a little bit of everything – working on rehabs, picking up some residential rentals to hold, assigning some of their contracts when the numbers make sense and looking at bigger deals. They’re in a… Continue Reading
A tenant has left and your rental unit has gone dark. Or, worse, you were forced to evict several tenants. Losing tenants is a landlord’s worst nightmare, but at a certain point, you must accept responsibility. For the time being, this means that you are losing a major source of income. You must also consider… Continue Reading
Case Study: The following represents and actual matter in which James E. Clark served as counsel. Names of parties and other identifying information has been changed to protect the identity and confidences of the parties. The following represents a sampling of the type of work Mr. Clark has done in the past and in no… Continue Reading
The guarantor of a lease agreement cannot be made a party to a New York summary eviction proceeding, unless the guarantor also has some independent possessory interest in the property. A landlord’s eviction of a tenant in New York State is primarily achieved through a nonpayment or holdover summary proceeding under Article 7 of the Real… Continue Reading
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