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


Conducted on Thursday, January 29, 2015

Recorded event now available

Program Materials

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.

Description

When negotiating retail leases, failure to appropriately and carefully address future risks for the developer or retailer can have significant consequences, including loss of leasehold interest or loss or permanent reduction of rental income

Other risks include the inability to redevelop a property due to broad lease restrictions, tenant default rights, parking constraints, and the like.. Further, failure to advise your tenant client of the role of the lender in the event of landlord default may undermine or delay the tenant’s remedies.

Real estate counsel must have a clear understanding of issues and risks that are critical to the developer, tenant, and lender and provide carefully drafted language to ensure enforceability of appropriate remedies. Remedies and solutions we will discuss will include optional termination rights, kick outs, marketing agreements, liquidated damages, rent acceleration, mitigation, self-help rights and/or equitable remedies.

Listen as our authoritative panel of real estate practitioners reviews key tenant default and landlord default considerations in retail leases and the appropriate remedies associated with those defaults. The panel will discuss enforceability of these remedies as applied in recent case law.

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Outline

  1. Standard events of default by landlord and tenant
  2. Remedies and notice requirements to enforce such remedies
  3. 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
Scott Feir

Montgomery Purdue Blankinship & Austin

Mr. Feir represents a broad spectrum of real estate clients, including retail shopping center owners, property...  |  Read More

David P. Vallas
David P. Vallas

Shareholder
Polsinelli

As a creditors' rights attorney and commercial litigator, Mr. Vallas regularly advises corporations, financial...  |  Read More

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