Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Kentucky Consumer Protection Act
- Judgment creditors
- Fractional Investment
- Section 1031 transactions
- Investment
- U.S. Supreme Court
- Kentucky minimum wage
- Minimum wage
- Arbitration
- Breach
- Closing
- Closing Disclosure
- Condemnation
- Good Faith Estimate
- HUD-1 Settlement Statement
- Lenders
- Truth in Lending Act
- Zoning Regulations
- “Know Before You Owe”
- Commercial Real Estate
- Dodd-Frank Act
- Home Equity Conversion Mortgages (HECMs)
- Land Use Law
- Mortgage
- Planning and Zoning
- Purchase Contract
- Real Estate Law
- Reverse mortgages
- Affordable Housing
- Deed
- Economic Development
- Homeowners Association
- Land Surveys
- Landlord
- Lease
- Plat
- Property Lines
- Property Survey
- Property Titling
- Rescission
- Same-Sex Couples
- Tenant
- URLTA
- Agritourism
- Condominium
- Deeds
- Drones
- Horizontal Property Law
- Kentucky Condominium Act
- KRS 383.500
- LBAR
- Loans
- National Association of Realtors (NAR)
- Overlay Zoning
- Real Estate Agents
- Rural Areas
- Steenrod v. Louisville Yacht Club Association
- Title Insurance Policies
- Trulia
- Uncategorized
- Zillow
- "Right-of-Way Agents"
- Benningfield v. Zinmeister
- Bluegrass Pipeline
- Boards of Adjustment
- Boilerplate Language
- Building Inspection
- Co-Signing
- Code Enforcement
- Commercial Lease
- Conditional uses
- Conservation Easement
- Consumer Financial Protection Bureau (“CFPB”)
- Credit Report
- Credit Score
- Dog owners
- Easement
- Emergency Preparedness
- Eminent Domain
- Emotional Support Animals
- ESIGN
- Exclusive Use Clause
- Federal Housing Administration (FHA)
- FICO
- General Forms
- Homebuyers
- Inspection
- Insurance Companies
- Insured
- Kentucky landowners
- KRS §258.235(4)
- KRS §383.580
- Multi-unit properties
- Natural Disasters
- Occupancy Fraud
- Power of Attorney ("POA")
- Screening
- Security Deposit
- Servicers
- The Loan Estimate form
- Truth in Lending Statement
- U.S. Department of Housing and Urban Development
- Variances
- Zoning Ordinance Text Amendment
Showing 2 posts in Breach.
Suing Your Tenant for Damages – Can You Recover Attorney’s Fees?
It’s one of the larger mines in the minefield of renting out property as a landlord – what happens when the tenant breaches the lease? What happens when the tenant doesn’t pay? In and among the questions presented by such a scenario is whether a suit against the tenant would be cost-effective. The landlord’s decision may, in large part, depend on whether the landlord is entitled to recover its costs and attorney fees associated with prosecuting its claim against the tenant. And, in Kentucky, the landlord’s right to recover costs and attorney fees depends on the circumstances surrounding the tenant’s breach of the lease. More >
The Consequences of Walking Away: Breach of Contract in Commercial Real Estate
The temptation happens often: the deal is done, the ink is dry, the contract is finalized…then someone gets cold feet. Buyers don’t want to buy, sellers don’t want to sell, money gets tight, titles can’t be delivered, etc. What makes breach of commercial real estate contracts unique as opposed to most non-real estate contracts is that every single property is unique. No two properties can share the same physical location, but most also won’t share the same size, improvements, buildings, access, resources...the list is endless. It’s not as though the buyer can just buy the same property from another seller, and the seller who loses a buyer also loses expected capital. When one party breaches its duties in a commercial real estate contract, it’s important for the non-breaching party to understand what remedies are available. We’ll explore the most common remedies and what provisions should be in commercial real estate contracts to mitigate the effects of breach. More >
