Accelerated Rent Clauses in Commercial Leases: Drafting and Enforcing Liquidated Damage Clauses
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss best practices for landlords to draft enforceable accelerated rent clauses in commercial leases. The program will also discuss potential defenses to these claims by tenant's counsel when the strict criteria for application are not met.
- Criteria for enforcement
- Difficult or impossible to estimate damages at time lease is signed
- Damages vs. penalty
- Reasonable pre-estimate of probable loss
- Defenses to enforcement
- Practical tips for drafting
The panel will review these and other essential matters:
- What elements are included in an enforceable accelerated rent clause?
- How can a tenant best defend again a claim for accelerated rent and what grounds exist to negotiate these clauses?
- What are best practices for drafting accelerated rent provisions?
John G. Kelly
Bean Kinney & Korman
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate... | Read More
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business M&As. With respect to leasing, Mr. Kelly represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. His lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property.Close
Brian P. Watt
Mr. Watt represents clients in a wide variety of matters, with an emphasis on complex litigation and commercial real... | Read More
Mr. Watt represents clients in a wide variety of matters, with an emphasis on complex litigation and commercial real estate litigation. His trial record includes successes in various state, appellate and federal courts, as well as numerous reported cases in the Georgia Court of Appeals, the Georgia Supreme Court, and the U.S. Courts of Appeals for the Eleventh Circuit and D.C. Circuit.Close