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Default Provisions in Commercial Leases: Tenant and Landlord Negotiation and Drafting Considerations, Unique Issues

Monetary vs. Non-Monetary Breaches, Notice and Cure Requirements, Termination and Damages Options, Jurisdictional Considerations

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, June 6, 2024

Recorded event now available

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This CLE webinar will take an in-depth look at negotiating and drafting default provisions in commercial leases for landlords and tenants. The panel will discuss common issues and pre-drafting considerations for each party and will discuss how counsel should address those in the lease to best protect their clients. The panel will also address jurisdictional considerations and offer best practices for negotiation and drafting.


Default provisions are some of the most important provisions in any commercial lease, especially in an uncertain commercial real estate market, because they allow for the landlord or tenant to enforce lease obligations and describe the remedies for breach. However, these terms are often under-negotiated by counsel and drafted using boilerplate language, leaving the terms subject to a court's interpretation which may not reflect the parties' intent.

Monetary and non-monetary defaults of a commercial lease can create unique challenges depending on the defaulting party, potentially leaving the commercial property unproductive while litigation progresses. Therefore, counsel for landlords and tenants should understand the potential issues so that they can ameliorate these concerns through careful negotiation and drafting of default provisions.

Considerations when drafting the lease's default provisions include clearly defining what actions constitute default, notice and cure requirements, termination and damages options, and possible methods of dispute resolution. Jurisdictional considerations should also be taken into account as these may vary depending on what provisions are allowed and to what extent (e.g., the enforceability of rent acceleration clauses in the lease).

Listen as our expert panel provides an in-depth look at negotiating and drafting commercial lease default provisions and how to manage the most common issues for landlords and tenants when it comes to drafting and enforcement.



  1. Introduction
    1. Types of default
      1. Monetary
      2. Non-monetary
    2. Common issues and pre-drafting considerations
  2. Drafting default provisions for landlords and tenants
    1. Clearly defining breaches
    2. Notice and cure requirements
    3. Termination and damages options
    4. Dispute resolution
    5. Other considerations
  3. State/local jurisdictional concerns
  4. Best practices for negotiation and drafting


The panel will review these and other key considerations:

  • What are common issues related to default provisions that landlord and tenant counsel should consider before negotiating and drafting these provisions?
  • What are unique drafting considerations based on whether the party is a landlord or tenant?
  • What jurisdictional issues should counsel consider when drafting default provisions?
  • What are available remedies for default, and how can counsel ensure these remedies are available for their clients in the event of default through careful drafting?


Peters, Adriana
Adriana M. Peters


Ms. Peters has more than 20 years of in-house and private experience directing legal efforts with regard to real estate...  |  Read More

Stenman, Jennifer
Jennifer Stenman

Reinhart Boerner Van Deuren

Ms. Stenman counsels commercial property owners and developers in sales, acquisitions and leasing transactions. In her...  |  Read More

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