Last week I audited the ABA "Professor's Corner" teleconference described below.  You will note that one of the cases discussed is a Florida case, Maida Vale, Inc. v. Abbey Road Plaza Corp., 96 So.3d 1027 (Fla. 4th DCA 2012) relating to the issue of whether a tenant who withheld payment of disputed CAM charges may be evicted for nonpayment of rent.  A copy of the case is attached.  The trial court found that the tenant had been overcharged and did not owe any rent but ordered eviction nonetheless.  The 4th DCA reversed.

Professor Bogart feels that most courts in other jurisdictions would have ruled as the trial court did.

-----Original Message-----
From: Leasing Group Discussion [mailto:RPTE-LEASINGGROUP@MAIL.AMERICANBAR.ORG] On Behalf Of Ira Meislik
Sent: Wednesday, May 08, 2013 11:50 AM
To: RPTE-LEASINGGROUP@MAIL.AMERICANBAR.ORG
Subject: Don't Forget - Free Leasing Law Program Within The Hour!

Professors’ Corner:  Wednesday, May 8, 2013

Professors’ Corner is a monthly free teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group. Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.  Members of DIRT are invited to participate in the call (as well as to join and become involved in the ABA Real Property, Trust and Estate Law Section).

Wednesday, May 8, 2013

12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a.m. Pacific). Call is ONE HOUR in length.

Call-in number: 866-646-6488

Passcode: 5577419753

This month’s program, moderated by Professor Jim Durham of the University of Dayton School of Law, features a roundtable on Commercial Leasing.  Our two featured speakers will be Professors Celeste Hammond and Professor Daniel B. Bogart, who are co-authors of Commercial Leasing: A Transactional Primer, now in its Second Edition and published by Carolina Academic Press.

Professor Hammond is a Professor of Law and the Director of the Center for Real Estate Law at the John Marshall Law School in Chicago.  Professor Hammond will be discussing “Green” issues in commercial leasing and the implications of this “greening” for landlords, tenants, and their attorneys.  Here is a copy (for your download and preview) of a Powerpoint presentation that will accompany Professor Hammond’s comments:  http://law.missouri.edu/freyermuth/hammondgreenleasing.pptx

Professor Bogart is the Daniel and Marjorie Bollinger Chair in Real Estate Law at Chapman University School of Law, where he serves as both the Associate Dean for Academic Affairs and as the Director of the Center for Land Resources.  Professor Bogart will be discussing some recent leasing decisions of note, including (click on the link for a copy of each decision):

J-Star Holdings, LLC v. The Pantry (Tenn. Ct. App. January 2013) (whether a commercial lease agreement requires the tenant to pay excise taxes imposed on the landlord):  http://www.tncourts.gov/sites/default/files/j-star_opn.pdf

Maida Vale, Inc. v. Abbey Road Plaza Corp., 96 So.3d 1027 (Fla. Ct. App. 2012) (whether a tenant who withheld payment of disputed CAM charges may be evicted for nonpayment of rent): http://www.4dca.org/opinions/August%202012/08-22-12/4D10-2203.op.pdf

Fairfax Portfolio, LLC v. Owens Corning Insulating Systems, 2013 WL 440726 (10th Cir. 2013) (whether a tenant that surrendered the premises without repairing significant property damage as required by the lease can be deemed to have held over while landlord effects repairs so as to permit landlord to collect rent during that period):  http://scholar.google.com/scholar_case?case=16297268405506062242&hl=en&as_sdt=2&as_vis=1&oi=scholarr

[Please Note: At present, while always informative, the Professors Corner calls are not approved for CLE credit.]

Thank you for your continued interest in this list.  A summary of your discussion list subscriptions, including RPTE-LEASINGGROUP, can be found at  http://apps.americanbar.org/elistserv/home.cfm .  This new List Subscription Page allows you to manage your lists - unsubscribe from existing or join others.

If you have any issues you may either contact the list owner via email: RPTE-LEASINGGROUP-request@mail.americanbar.orgmailto:RPTE-LEASINGGROUP-request@mail.americanbar.org, or the ABA Service Center at phone: 1-800-285-2221 or email: service@americanbar.orgmailto:service@americanbar.org .

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Thank you.

HB 77 has been signed into law.

Harry

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Art - thank you for your thoughtful Holiday Card.  I hope all is well with you and your family!  Have a great week.  Chuck

Thank you.

Charles J. Levin
Attorney at Law
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