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Expert Analysis

Past Due Rent May Not Support A Claim For Eviction

By Jason Hirsh and Jamie Burns (September 6, 2018, 5:29 PM EDT) -- In the context of a commercial real estate acquisition, are you advising clients that: (1) they will be unable to collect rent accruing prior to the date the client takes ownership of the property and (2) they will not be able to evict a tenant based upon the failure to pay rent accruing before the client takes ownership of the property? If not, you should be. On the flipside, in the context of an eviction proceeding, are you advising tenants that a new landlord lacks standing to demand or recover rent coming due before the landlord became owner of the property? Again, if not, you should be....

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