Commercial Real Estate Lease Defaults and Remedies: Minimizing Disputes and Avoiding Litigation
Structuring and Negotiating Enforceable Lease Provisions to Protect Landlords and Tenants
Recording of a 90-minute CLE webinar with Q&A
This CLE will examine key tenant and developer default considerations in retail leases, the appropriate default remedies and enforceability of those remedies, and the role of the lender as it relates to landlord default. The panel will review recent court cases and rules the courts have applied in enforcing remedies in retail leases.
Outline
- Standard events of default by landlord and tenant
- Remedies and notice requirements to enforce such remedies
- Case studies of recent cases
Benefits
The panel will review these and other key issues:
- How to evaluate a default scenario for risk and potential loss.
- When is a breach under the lease not a default?
- What remedies can a landlord or tenant negotiate for a default?
- How do lender notice requirements or state law limitations impact the enforcement of remedies?
- What guidance does case law and practical experience provide on the drafting of enforceable remedies?
- What preventative strategies are available?
Faculty
Scott Feir
Montgomery Purdue Blankinship & Austin
Mr. Feir represents a broad spectrum of real estate clients, including retail shopping center owners, property... | Read More
Mr. Feir represents a broad spectrum of real estate clients, including retail shopping center owners, property management groups, housing authorities, real estate brokers and agents, and construction and design professionals. He advises clients on retail, office, industrial and residential leasing matters, lease renewal disputes, lease and license enforcement, rent collection and evictions, insurance coverage issues, construction lien and defect claims, fair housing, discrimination, and access claims, purchase and sale nondisclosure and misrepresentation, broker commission and standard of care issues, enforcement of restrictive covenants and easements, adverse possession claims, and boundary disputes.
CloseDavid P. Vallas
Shareholder
Polsinelli
As a creditors' rights attorney and commercial litigator, Mr. Vallas regularly advises corporations, financial... | Read More
As a creditors' rights attorney and commercial litigator, Mr. Vallas regularly advises corporations, financial institutions, real estate developers, and contractors in all aspects of debtor and creditor relationships, often in scenarios involving insolvency. He represents lenders, developers, court-appointed receivers, entrepreneurs, Real Estate Investment Trusts, and other businesses in various actions including commercial lease disputes, commercial foreclosure, assignments for the benefit of creditors, loan modifications and breach of contract cases.
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