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Monthly Archives: June 2015

Foreclosing Lender Required To Attempt to Ascertain Identity of Any Tenants Occupying Foreclosed Real Property

Court holds that a foreclosing lender may potentially be liable to for interference with the implied covenant of quiet enjoyment where the lender failed to take steps to ascertain the identity of any tenants, never asked for a copy of the lease, never determined whether the tenants had the right…

June 22, 2015 | Landlord-Tenant Law |

Government Notice to Vacate Due To Substandard Conditions Does Not Terminate Lease

A property deemed “substandard” under the State Housing Law does not affect a tenant’s rights under the tenancy. Thus, where the enforcing agency posts a code enforcement notice—or “red-tag”—requiring that the property be vacated due to its “substandard” condition, the tenancy survives the red-tagging and the lease is not terminated.…

June 22, 2015 | Landlord-Tenant Law |

Initial Term of HUD-VASH Section 8 Voucher Tenancy Can Be Less Than One Year

Under the HUD Section 8 Voucher Program, the initial term of the lease is generally required to be at least one year. However, this requirement does not apply to the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program. The HUD-VASH program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with…

June 22, 2015 | Landlord-Tenant Law |

Tenant Under Expired Lease Cannot Require Return of Security Deposit as a Condition of Surrendering Possession of Real Property

Upon expiration of the term of a lease, the tenant is required to vacate and surrender possession of the premises to the landlord (unless the lease provides otherwise such as where the lease contains an automatic renewal provision). A tenant cannot require return of the security deposit as a condition…

June 22, 2015 | Landlord-Tenant Law |