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Attorney Ben Proto - The Musings of a Mad Lawyer

Saturday, October 13, 2018

What Happens When a Tenant Breaches a Commercial Lease?

In Connecticut, it is not uncommon for tenants to breach their commercial leases. When this happens, commercial landlords have the following options:

  1. Terminate the tenant’s lease, start eviction proceedings, and file a lawsuit to recover damages; or
  2. File a lawsuit to enforce the terms of the lease.

Below is an overview of how each of these two options function in Connecticut.

Lease termination, eviction, and lawsuit

When a commercial landlord decides to take the first of the two options described above, he or she must bring two separate lawsuits: an eviction lawsuit and a lawsuit for damages. Following possession of the property, it may then be rented to a new tenant. In the lawsuit for damages, commercial landlords typically seek unpaid past rent and future rent for the balance of the lease term. However, the availability of damages for future rent often depends on whether the commercial landlord has attempted to secure a new tenant and, when a new tenant has been found, the amount of rent that the new tenant is paying.

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Friday, September 7, 2018

How to Choose a Real Estate Attorney in Connecticut

Whether you’re selling or purchasing residential or commercial real estate, it’s always a good idea to seek the guidance of an experienced...

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Wednesday, August 8, 2018

Five Common Buyer and Seller Real Estate Disputes

While many real estate transactions progress relatively smoothly, disputes occasionally arise between buyers and sellers. Fortunately, these disputes are often predictable, and an experienced Connecticut real estate attorney is typically able to assist in the resolution of such issues. Below is an overview of the most common buyer and seller real estate disputes in Connecticut.

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Friday, July 6, 2018

Connecticut Real Estate Closing Tips

Closing is the final step in a real estate transaction, and it typically occurs at a location, time, and date agreed upon by the buyer and seller. At closing, paperwork is signed and the keys to the property are transferred from the seller to the buyer. Below are some things to keep in mind before attending a

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Wednesday, June 6, 2018

Connecticut Foreclosure Alternatives

Foreclosure is a process by which a lender takes steps to recover the balance of a loan through the forced sale of the asset securing the loan. However, there are several alternatives to foreclosure that those behind on their mortgage payments may want to explore, including:

Short Sale

A short sale is a sale of real estate in which the proceeds fall short of the debts owed. This means that the holder of a mortgage, typically a bank, agrees to accept less than the total amount owed in order to reclaim at least a portion of the money owed.

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Monday, May 21, 2018

Easement Law in Connecticut

An easement is a right to cross or use someone else's land for a specified purpose. Once an easement has been granted, the landowner may not interfere with the grantee's use of the easement. Below is an overview of Connecticut easement law.

Easement creation

Easements can be created by contract, deed, or other written agreement. Easements created in this manner are called “express easements.

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Monday, April 16, 2018

An Overview of Landlord-Tenant Issues in Connecticut

Connecticut has a number of laws in place that govern landlord and tenant issues. Therefore, it is important that both landlords and tenants understand their legal obligations prior to entering into a contractual relationship. Below is an overview of some of the major issues that landlords and tenants in Connecticut should review with an attorney prior to signing a lease.

  1. Disclosures – Connecticut law requires landlords to disclose a variety of information to tenants, including the identity of anyone authorized to act on behalf of the landlord.

  2. Security Deposit Requirements –Connecticut has strict laws in place addressing the issue of security deposits, including the amount that landlords may charge for such deposits and when they must be returned.

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Wednesday, March 14, 2018

Real Estate Title Issues in Connecticut

Common Real Estate Title Issues in Connecticut 

A title is a legal right to the ownership of property. Unfortunately, it’s not uncommon for title problems to arise during the purchase or sale of real estate in Connecticut. Below is a list of some of the most common title issues that purchasers and sellers of real estate encounter during real estate transactions.
  • Public record errors - Clerical and filing errors occasionally present problems for the purchasers and sellers of real estate. When mortgage documents are incorrectly filed or lost, it can be difficult for a homeowner to obtain a title.
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Tuesday, January 23, 2018

Residential vs. Commercial Real Estate Closings in Connecticut

Although residential and commercial real estate transactions are similar in certain respects, there are a number of differences between the two—particularly during the closing process. Therefore, one should not base his or her expectations regarding the former on previous experiences with the latter, and vice versa. Below are some of the differences between the residential and commercial real estate closing processes in Connecticut.

The Residential Closing Process

During a residential real estate closing, the purchaser provides all necessary documentation requested by the lender prior to receiving loan approval. Following approval, a title search is performed, and title insurance is purchased.
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Sunday, December 24, 2017

Commercial Real Estate Transactions in Connecticut

There are a number of differences between commercial and residential real estate transactions. Whereas residential real estate is purchased by individuals for personal use, commercial real estate, due to the liability risks associated with its ownership, is usually purchased by entities for business purposes. There are a number of issues to consider when conducting commercial real estate transactions in Connecticut, including:

  1. Title Issues - During the title review process, the condition of the title to be transferred from the seller to the buyer must be examined for exceptions. Any exceptions discovered, which can include encumbrances, reservations, and limitations, must be thoroughly analyzed and researched before moving ahead with the transaction.  
  2. Survey Issues - An ALTA survey is a detailed survey performed by a licensed surveyor, prepared in accordance with standards specified by the American Land Title Association.
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Sunday, November 12, 2017

Connecticut Foreclosure Basics

Foreclosure is a legal process in which a lender takes steps to recover the balance of a loan via the forced sale of an asset used as the collateral for a loan. Connecticut has two versions of judicial foreclosure: strict foreclosure and foreclosure by sale. With strict foreclosure, the property secured by the mortgage is redeemed by the lender, while foreclosure by sale involves the sale of the property to pay off the outstanding loan amount. Below is an overview of the foreclosure process in Connecticut.
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| Phone: 203.378.9595

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