Results for "Tenants"

Texas - The Land & Its Tenants (CH 1)

EU PRIVATE LAW W1 Reading Notes “Martijn W. Hesselink: setting the scene” First definition: Private law is the law applicable to private (or horizontal) relationships Second definition: Relating only to private interests, as opposed to public interests >> sometimes inspired by a concern to keep private law ‘pure’ in this specific and controversial sense of being concerned only with private interests and preventing the infiltration of public concerns into disputes governed by private law Increasing Europeanisation (1980s) effect on private law - Most directives in the field of private law, including the entire body of EU consumer law, have had Art 114 TFEU (or its predecessors) as their legal basis - Regulations, that bring uniform EU law, are less frequent in the field of private law, but there exist some prominent instances, eg in EU financial law - Fundamental rights have had an increasingly important impact on private law relationships already governed, directly or indirectly, by EU law - The Court of Justice of the EU has played a prominent, sometimes plainly activist, role, especially with regard to consumer protection and to fundamental rights • Preliminary rulings Inequality: - Positive and normative questions • Positive: How much inequality is there? What types of inequality are there? • Normative: how much equality ought there to be, or, put differently, how much inequality is acceptable? - Equality of what? • Income - policies aiming at reducing inequality (or wealth) of income include income tax (plus capital tax and inheritance tax) and various social security measures (eg unemployment benefits, a universal basic income) • Needs - Theory 1: everyone is entitled at least to the satisfaction of their needs (basic needs). - Theory 2: people are equally entitled to just as much as each of them needs, nothing more • Opportunity - Prominent instruments for reducing inequality of opportunity are measures (including quotas) aiming to improve equal access to school, to healthcare and (other) essential services, or to high-ranking positions • Power Interpersonal (or relational) inequality and injustice occurs when, in a relationship between two or more persons, one is in a better position than the other(s) in terms, for example, of bargaining power, negotiation skills, expertise, experience, independence, cognitive biases, or luck Who should breach inequality? What of the recipients? EU citizens? Formal equality is usually considered a basic or minimum requirement of justice and rationality — Formal equality then simply means that people are treated equally already when all individuals are treated the same way, whatever their specific characteristics or situations >> however: frequently regarded as insufficient Substantive Inequality: new doctrines such as unconscionability, economic duress, abuse of circumstances or unfair exploitation, and, especially, the sets of rules aiming at the protection of certain categories of weaker or vulnerable parties, such as workers, tenants, consumers, and the rules against the discrimination on grounds of gender, ethnic background or religion Course Objective: Identifying the EU’s private law as an agent of inequality and equality in Europe Reading 2: Laura Burgers, Marija Bartl, and Chantal Mak, “Introduction: The Evolving Concept of Private Law in Europe”, Handbook: Uncovering European Private Law (2022) Public/private divide >> privatisation of public function Private autonomy as general principle of private law — Substantive side: (eg. freedom of contract) - promotion of material or substantive equality. This can be called the ‘social’ or ‘societal’ dimension of private law. >> To the extent that the promotion is taken up by the judiciary, this is often called the ‘materialisation’ of private law - Constitutionalisation of private law (second half of 20th century) Procedural side: one of the parties decides what part of their conflict they want to take to court, and whether they want to do that at all. - Party autonomy: This means that parties who enter into a contract, are free to negotiate what law applies to their contract and to which court or arbiter they will resort in case of conflict. Private Law-makers in EU - We understand private law as law made by public authorities, i.e. legislatures and judiciaries - Rules made by private parties - fall within the sphere of freedom of contract or self-regulation - ‘Civil law’ is frequently used a synonym of ‘private law’. Civil procedural law is typically laid down in codes of civil procedure. It refers to procedural rules in private legal disputes and contains rules on, for example: evidence, possibilities for appeals and enforcement of judgments. What is EU private Law? — EU law impacting private legal relations, i.e. law emanating from the EU level, or ‘EU private law’ >> For over two decades, from 1989 onwards, attempts were made to draft a civil code for the European Union. However, no consensus could be reached, which in turn exposed how legal- politically salient issues of private law are, and what importance civil codes have for national identities >> Idea that EU law threatens the coherence, essence or autonomy of national private laws Lochner Case: >> Lochner allowed an employee to work more then 60 hours in a week >> ‘violates bakeshop Act’ >> Lochner claims it should have been interpreted to contain the freedom to contract among the rights encompassed by substantive due process - Does the Bakeshop Act violate the liberty protected by the Due Process Clause of the Fourteenth Amendment? 5-4 Majoritarian decision: The New York law violated "liberty of contract" protected by the Due Process Clause of the Fourteenth Amendment - The statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee - New York law failed the rational basis test for determining whether government action is constitutional - The Bakeshop Act had no rational basis because long working hours did not dramatically undermine the health of employees, and baking is not particularly dangerous

5 tenants of aws architecture for the best possible architecture + management and dev tools

What is the difference between politics and policy? What do they have to do with each other? • What is political culture? What makes American political culture unique? • What are core values? What core values form the basis of American political culture? • Be able to compare and contrast programs and policy. • Be familiar with the major theories of policy making. Be able to compare/contrast each of these. • What is the policy process model? How does it explain/depict how public policy is made? Make sure that you are familiar with each stage of the process. What are the three, main policy typologies? How are they dis/similar to one another? • What is the difference between equity and equality? How are each of these addressed through domestic policy? How do means-tested and universal benefits address each of these forms of “equality”? • What is the difference between mandatory and discretionary spending? Which one takes up a larger portion of the federal budget? Provide an example of spending of each type. • What is Social Security? How is it funded? What kind of program is it? Who qualifies to benefit from this program? • Compare and Contrast Medicare and Medicaid. How are these programs similar? How are they different? Who qualifies for each of these programs? Which economic theories are most relevant to American politics? What are the major tenants of each of these theories? Which events/problems led to the rise in prominence of each of these theories? • What are the major tools of fiscal policy? When would you use each of these tools? • What is monetary policy? What is the Federal Reserve and what role does it play in setting monetary policy? • What are the tools of monetary policy? Make sure to define each of these.   Key Terms •   • Political Culture • Program • Policy • Elite Theory • Group Theory • Institutional Theory • Rational Choice Theory • Political Systems Theory • Institutional Agenda • Systemic Agenda • Regulation • Government Management • Privatization • Distributive Policy • Redistributive Policy • Regulatory Policy • Competitive Regulation • Protective Regulation • Equality • Equity • Mandatory Spending • Discretionary Spending

Real Property: condos and coops, mortgages, landlords and tenants, remedies of landlords and tenants

Property I - Defaulting Tenants, Warranty of Quiet Enjoyment, Illegal Lease Doctrine

Property I - Co-Tenants - Severance

Unit 13 - Landlord & Tenants

Wildlife Tenants

(Draft) Underwriting Shopping Centers What You Will Need to Start 1. Copies of All Leases – Leases are the core of a shopping center investment. They specify the terms and conditions of the income and expense stream. 2. Copies of Correspondence and Billing Records for Common Area Maintenance – In addition to their monthly rent payments, many shopping center tenants reimburse the landlord for some, or all, of the expenses associated with operating the center. These reimbursements may vary from tenant to tenant. 3. Copies of Profit and Loss (P&l) Statements and Related Bills – Complete records of the income and operating expenses for the previous two years (at the least, the previous calendar year) and year-to-date, including property tax bills, insurance invoices, landlord-paid utility bills, landscaping, parking lot, security, maintenance, and other general expense invoices. Having copies of the bills will allow you to better understand and articulate the center’s operating expenses. 4. Copy of Itemized Capital Improvements – Complete records for the same period as the profit and loss statements. Examples of capital improvements are new roof, parking lot resurfacing and striping, and new HVAC units. 5. Copies of Tenant Sales Figures – Many leases have percentage rent clauses that base the rent in part on the tenant’s actual sales. In these cases, the landlords require that the tenants report their sales figures. These sales figures also give you an opportunity to spot tenants which may not be viable businesses. Generally speaking, retailers want to have their total rent at 8% to 12% of gross sales. High-volume and high- profit retailers will pay at the upper range. A tenant with rents at 16% of gross sales might signal that the bay may be vacant soon. Owner-operated businesses may tough it out at 14% to 16% because it’s the owner’s sole source of income. 6. Copies of Third Party Vendor Contracts – These are agreements between property owners and private contractors for regular services such as landscaping, HVAC maintenance, parking lot sweeping, snow removal, security and parking attendants. Look for the following when reviewing service contracts: Frequency of service Length of service Expiration date Cancellation clause (Does the contract survive the sale of the property?) Warranties on work Cost, relative to market standards Billing period 7. Copies of Financing Documents (Note and Mortgage/Trust Deed, Payment Coupon) – You should be knowledgeable about of the underlying financing: How many loans are on the property? What’s the outstanding balance? What’s the interest rate? When is it due? Is there a lock-out clause that prevents prepayment? Is there a prepayment penalty? If so, how much? Is the loan assumable? (With bank loans, probably; with “conduit” loans, probably not.) Is the loan recourse or non-recourse? Can secondary financing be placed on the property? (With bank loans, maybe; with “conduit” loans, usually not.) 8. Copies of Cross Easements – A shopping center can have a number of easements that allow access to the nearby properties or that allow neighbors to have access to the shopping center property. Cross easements, for example, provide access to neighboring or adjoining property, so it is important to understand the legal survey of each property. Easements can increase or decrease the value of the property. They may also be either expiring or subject to a charge. Occasionally, reciprocal easements require an owner to pay for repairs or maintenance on adjoining properties. Reciprocal parking agreements are another type of onerous arrangement. Any buyer will want to know how any reciprocal easements effect the property. 9. Copy of Reciprocal Operating Agreement (ROA) – When a shopping center has tenants which own their own pad and building (and sometimes part of the parking lot), Operating Agreements act as the shopping center’s rules of operation between those tenants and ownership to assure that no single owner adversely effects the other. They describe the tenants’ hours of operation, types of tenants who can occupy the building, the merchandise that can be sold, parking, division of common area maintenance costs and other important operational issues. 10. Copy of Side Agreements – Side agreements between the tenant and landlord are not part of the formal lease but are legally binding. These may or may not be kept in the tenant file. Before a sale closes, attorneys often request a written statement about the existence and nature of side agreements. 11. Copy of the Partnership Agreement – The entire agreement isn’t necessary, just the page(s) that confirm that the person signing documents for the partnership (e.g., the Representation Agreement) is authorized by the partners to do so.

(Draft) Chapter 27 - Parting Thoughts

(Draft) Chapter 27 - Parting Thoughts