• Created contracts, negotiated lease terms, collected security deposits and rent checks, and debriefed
tenants on all contract terms to guarantee mutual understanding and benefit.
Not exact matches
«A
tenant for life, or years, or for a less
term, shall not be liable for damage occurring
on the demised premises accidentally, and not withstanding reasonable diligence
on his part, unless he so
contract.»
These include greater returns; long -
term lease
contracts with fixed escalation rates; finance based
on the value and returns of the property and the lease
contract, not
on the investor's personal finances; less onerous regulation favouring
tenants; and shorter bond periods which means a commercial property investment will come to maturity much earlier than a residential investment.
When the time comes to sell your rental properties, you have an important choice to make as owner and manager: do you wait until the end of the current
tenants»
contract term to put the house
on the market, or do you start marketing your property while
tenants are still in residence?
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when
tenant exercised an option to renew the lease and therefore broker is not entitled to commissions
on rental payments during any renewal
term of the lease; broker not entitled to restitution in quasi-
contract because there exists a valid and enforceable written
contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that
tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal
terms of the lease.
Kaplon - Belo Assoc. v. Farrelly (221 A.D. 2d 321)- summary judgment granting broker's commission affirmed; broker entitled to commission when procures
tenant ready, willing and able to lease
on terms acceptable to lessor; lessor's execution of lease with procured
tenant entitles broker to commission notwithstanding
tenant's default under lease shortly after its execution; agent for an undisclosed or unidentified principal is individually liable
on contract signed by agent without disclosing his agency
Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial
tenant and if there was an implied
contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a
contract of employment, express or implied, and in the absence of an express
contract, an implied
contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and
tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied
contract of employment with landlord where landlord agreed to indemnify
tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary,
tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to
tenant's representatives, was involved in weekly negotiations with the parties over the lease
terms, conveyed offers
on behalf of
tenant to landlord and participated in the meeting with the landlord and
tenant at which the lease
terms were finalized
SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet
on terms set by the prospective sublessor, the parties» disagreement as to the
terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express
contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with
contract against landlord for refusal to grant
tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.