Articles

No Eviction Of Residential Guidance Due To Insufficient Warning About Nuisance

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Defendant allegedly caused nuisance. Plaintiff warns once. After a subsequent incident, the claimant terminates the verbal housing counseling agreement, under pressure from the housing corporation.

Eviction Suspended Due to Granting Narrow Moratorium

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Tenants request a narrow moratorium the day before the notified eviction. The current rent is paid, budget management and debt counseling are used. The landlord has not put forward any defence. 

No External Directors' Liability Towards the Lessor Due to Bankruptcy

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In the case of a pre-constitutive act, a lease is entered into. Seven years later, the tenant goes bankrupt.

Returning Child Administrator Becomes Co-Tenant

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In 2012, the mother was 80 years old when her then 57-year-old son moves in with her. In 2017, the son is appointed as administrator and mentor of his mother with dementia. Six months later, he requests the housing association to designate him as a co-tenant.

No Termination of the Rental Agreement in the Event of Temporary Payment Problems

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In the event of rent arrears, you usually have to deal with collection agencies. You are requested to pay, otherwise legal proceedings will follow. Or you've already been subpoenaed. As a rule, the judge will dissolve a lease and grant eviction of the leased property if you owe more than two months' rent. However, there may be circumstances that do not justify dissolution of the lease and eviction of the leased property. See also the judgment of Rb. The Hague September 1, 2021, ECLI:N:LBDHA:2021:10298.

Rent pleasure and reign

Corona Crisis and Rent Reduction

Pieter Bos Pieter Bos from  Bos van der Burg Advocaten  on 

The question of whether the corona crisis can lead to a rent reduction is a matter of great concern and has been discussed in numerous lawsuits with various judgments.

This matter is before the Supreme Court and – as is customary in these types of proceedings – the Prosecutor General has issued a preliminary advice to the Supreme Court on September 30, 2021. This preliminary advice is important because in many cases the Supreme Court follows that advice. However, that does not have to be the case.

ICSC U.S. Law Conference 2021

Nancy Davids Nancy Davids from  Goulston & Storrs  on 

The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700 members of the retail industry, including counsel from outside law firms, in-house counsel, and paralegals to name a few.

Comments on the Supreme Court Ruling on the Amortization of Properties Acquired by Inheritance or Donation

Salvador Balcells i Iranzo Salvador Balcells i Iranzo from  Manubens Abogados  on 
We commented a few months ago, the unfair situation of taxpayers who had acquired a property by inheritance or donation.

Can Business Owners Claim for Damages Caused by the Pandemic?

Eva Pich Eva Pich from  Manubens Abogados  on 
Unlike what happened in other Autonomous Communities, the AC of Catalonia introduced a regulation of business premises rental contracts, through the approval of Decree-Law 34/2020, among the measures adopted in relation to COVID -19.

Portuguese Golden Visa

Bárbara Román Bárbara Román from  Cuevas Abogados  on 
Given the contingency generated by various reasons -political, economic, coronavirus, among others- it is necessary to reflect on the importance of betting on a plan B. Cuevas Abogados launched a new service of its Migration Department, which consists of a complete advice to obtain residence in Portugal.

What to Do With the Amortization of the Property Acquired Free of Charge, in View of the New Income Tax Campaing?

Salvador Balcells i Iranzo Salvador Balcells i Iranzo from  Manubens Abogados  on 

As is known, already in the income campaign last year and especially after the publication of various binding consultations prior to it (V3404-19, V3410-19, ...) the Administration presented its criteria on the treatment conferred on the expense for amortization of the income from real estate capital (basically rentals) derived from properties acquired by succession or donation.

Landlords Do Not Have to Pay the Rent Reductions Agreed by Covid-19

Salvador Balcells i Iranzo Salvador Balcells i Iranzo from  Manubens Abogados  on 
The Accounting and Auditing Institute (hereinafter ICAC) has confirmed in a query that literally analyzes that the owners will not have to pay taxes for the income not received due to the reductions agreed in the rental contracts derived from COVID-19.
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