December 2009

Proper Use And Benefits Of The Commercial Unlawful Detainer

Proper Use And Benefits Of The Commercial Unlawful Detainer The legal action of “unlawful detainer” is brought for the purpose of removing a tenant who is in breach of a lease agreement. The breach can be the nonpayment of rent and operating expenses, or could be any breach of a lease such as a tenant who is using and improperly disposing of hazardous chemicals or due to a prohibited use of the space. The unlawful detainer entitles the landlord to a “writ of restitution” or return of the property. Self-help eviction of a tenant without an unlawful detainer is not allowed in Minnesota. The unlawful detainer only entitles the landlord to remove a tenant and retake possession of the rental property. The unlawful detainer court..

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Minnesota Environmental Response and Liability Act

Minnesota Environmental Response and Liability Act Suppose you were an owner of real estate in the 1960’s. Suppose also that you leased the real estate you owned to an oil company in 1961. The oil company placed fuel tanks on the real estate. In 1962 the oil company spilled fuel on your real estate. It slowly seeped into the soil and eventually contaminated the ground water as well as the soil. In 1988 the city where the land is located condemned the property. Now fast forward to today. The city sues you for the cost of the clean up based on current real estate law. Can you be held liable to clean up your real estate today when the fuel..

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Building Mold – A “Growing” Problem

Mold has been around since the beginning of time, but never has there been such a frenzy of media coverage, claims, litigation and concern about mold and its affects on our buildings and on our health. Even though millions of types of mold have been around forever, the types we are currently seeing proliferate in our buildings, are different in that they are destructive fungi. The molds, in some cases, are actually eating away at the structure of the building and can compromise the integrity of a building in a very short time. Along with the concerns of property damage, there is also concern for personal injury since many of these molds, even if not specifically “toxic mold” or “black mold” do have health..

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Bankruptcy Overview and the Unexpired Lease

Many clients over the years have had questions regarding bankruptcy law and the consequences of a tenant in possession of commercial space, filing Bankruptcy. The bankruptcy law is complex and comprehensive. The following is meant as a simplified overview and, of course, you should consult with an attorney on specific cases. Bankruptcy is covered by Federal Law. The purpose of the Bankruptcy Act is to convert the estate of the debtor into cash and distribute it fairly among creditors. Once a debtor files Bankruptcy, there is an automatic “Stay”. In regards to collection activity, this means it is a violation of the Stay for any creditor to do anything to attempt to collect a debt. It stops all collection activity including collection letters being..

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Condemnation

Condemnation By Joan M. Quade Our constitution provides a right to receive just compensation if a public entity is taking land and provides that a condemning authority has an obligation to pay just compensation for land taken for a public purpose. This principal is deeply rooted in our constitutional history and traditions of real estate law.   Simply put: if you are a condemning authority you must pay fair value for land being taken. If you are a landowner you must receive fair value for land taken. The evaluation of the value of land is sometimes difficult, therefore, how does one determine what is fair value? We must rely on the right experts. Finding the right expert for valuation of property is not just..

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