Accelerated Rent Clauses in Commercial Leases: Drafting and Enforcing Liquidated Damage Clauses
Recording of a 90-minute premium CLE video 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 the 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 are the elements of an enforceable accelerated rent clause?
- How can a tenant best defend against a claim for accelerated rent, and what grounds exist to negotiate these clauses?
- What are best practices for drafting accelerated rent provisions?
Samuel J. Banks
Bean Kinney & Korman
Mr. Banks practices in the areas of commercial litigation, employment law, and government contracts. He has helped many... | Read More
Mr. Banks practices in the areas of commercial litigation, employment law, and government contracts. He has helped many businesses find successful solutions to various legal disputes including ownership disputes, vendor disputes, employment disputes, and real estate and construction disputes. Prior to becoming an attorney, Mr. Banks worked as an accountant and a financial analyst for seven years.Close
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