By Lane V. Erickson, Attorney As reported by the New York Post, a tenant of a famed Bowery flophouse has been banned from suing his landlord. Roland Davis, 65, had already sued the Whitehouse Hotel at 338-340 Bowery 23 times in seven years, losing every time, when Manhattan Judge Kelly…
Articles Posted in Real Estate
Landlord-Tenant Law and Restoration Agreements
By Lane V. Erickson, Attorney Whenever a “Reasonable Modification” has been made to a property rented to a tenant, the issue of restoring the property comes up. In most instances, the landlord has a right to “restore” or to have the tenant restore the premises to the condition they were…
Landlord-Tenant Law and Reasonable Modifications
By Lane V. Erickson, Attorney Not all tenants, or potential tenants, are healthy. Many have physical disabilities or handicaps that limit their mobility or ability to function normally. Discriminating against a tenant or potential tenant because of a disability is prohibited by both state and federal law. However, I’ve had…
Landlord-Tenant Law and Reasonable Accommodations
By Lane V. Erickson, Attorney Landlords often have potential tenants or current tenants who are or become disabled physically or otherwise. When this occurs, the Fair Housing Act requires a landlord to make a reasonable accommodation for the tenant in most circumstances. My landlord clients often ask me what a…
ADA Accommodations – Animals Assisting Tenants
By Lane V. Erickson, Attorney A reasonable accommodation, when it comes to landlord and tenant relationships, occurs when there is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space.…
ESPA Ground Water Management Area
By T.J. Budge The Director of the Idaho Department of Water Resources recently issued an Order Designating the Eastern Snake Plain Aquifer Ground Water Management Area (“ESPA GWMA”) on November 2, 2016. The Director said his objective in forming the ESPA GWMA is to “bring all of the water users…
Prohibitions Against Familial Discrimination Under the Fair Housing Act
By Lane V. Erickson, Attorney It is unfortunate but true that landlords often aren’t familiar with their responsibilities when it comes to renting to families with children. Many times, landlords don’t even know that families with children enjoy a protected status under federal housing discrimination laws. In addition to the…
Landlord Risk Management Issues
By Lane V. Erickson, Attorney Generally, owners and occupiers of land or residential premises in Idaho will be under a duty of ordinary care under the circumstances towards invitees who come upon their leased premises. Essentially this means that the tenant is required to keep a place safe for all…
Legal Obligations of the Landlord to the Tenant
By Lane V. Erickson, attorney Most often when people hear about the landlord tenant relationship they focus on the obligations of the tenant. It’s important to understand that the landlord also has obligations. Most of these obligations are set forth in plain language in a written lease agreement. However there…
Landlord’s Rights if Tenant Fails to Meet its Obligations
By Lane V. Erickson, attorney I’ve spent nearly two decades representing landlords in all aspects of the landlord and tenant relationship. Over time I became a landlord myself. I often have landlord clients that want to know what their rights are when the tenant fails to meet their obligations under…