Lease Enforcement and Remedies: Structuring Key Provisions for Eviction, Self-Help, Injunction, Action for Damages

A live 90-minute CLE webinar with interactive Q&A


Thursday, May 25, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 28, 2017


This CLE webinar will give real estate counsel a better understanding of how leases are interpreted and enforced by courts and in practice. The panel will review the lease provisions that are essential to the practical exercise of remedies by the landlord, and defenses that may be available to the tenant. The panel will discuss the eviction process and post-eviction issues.

Description

In drafting and reviewing leases, real estate practitioners are typically focused on the transactional aspects of a lease: rent, term, build-out, expansion rights, payment of taxes, insurance coverage, and the like. But what happens if the tenant defaults on its obligations?

Does the lease contain the necessary default, notice and cure, and remedies provisions to allow for the landlord to enforce the negotiated terms? Does it allow the landlord access to the premises and the ability to take certain actions—payment of taxes, carrying insurance, or property repair and maintenance—if the tenant fails to do so? Are there any impediments to eviction?

The lease specialist should have an understanding of how litigation counsel (for the landlord or tenant) might interpret a lease, and what actions to take when a landlord-tenant conflict arises. The lease must be clear on the rights and remedies available to the landlord upon a tenant default, including self-help, eviction, actions for damages, and injunctive relief.

Counsel should have a thorough understanding of how lease termination options and “go dark” provisions will actually work in practice, and know the procedure and timing of tenant eviction action should the tenant default.

Listen as our authoritative panel of lease litigation specialists reviews the remedies that are typically available under leases, and the terms that are essential to the practical exercise of those remedies by the landlord. They will also discuss defenses that may be available to the tenant and avoiding defective provisions that may used to the tenant’s advantage. Finally, they will discuss the eviction process and post-eviction issues.

Outline

  1. Key lease provisions relating to enforcement/litigation
    1. Events of default; notice and cure
    2. Property access and self-help
    3. Remedies
    4. Relocation; continuous operation (“go dark” provisions)
  2. Early termination considerations
    1. Common requirements for early termination
    2. Obligations of parties after termination
    3. Back rent; post-eviction rent
  3. The eviction process
    1. Self-help
    2. Pre-eviction notices
    3. The dispossessory action
    4. Sheriff involvement
  4. Other remedies
    1. Injunction
    2. Damages
  5. Role of property manager vs. owner in lease enforcement and exercises of remedies

Benefits

The panel will review these and other key issues:

  • What are the standard landlord remedies for a tenant default under a lease?
  • What provisions should every lease contain to allow for proper exercise of those remedies?
  • What defenses do tenants typically raise in response to eviction and other actions?
  • How does the process and timing of an eviction action vary between commercial and residential leases?

Faculty

Greg K. Hecht, Principal
Hecht Walker, Atlanta

Mr. Hecht's practice focus includes business, commercial and real estate litigation, local government law, commercial landlord/tenant, contracts, zoning, land use, and litigation. He drafts contracts, non-compete agreements, commercial leases, and litigates property taxes on behalf of clients as well. His firm rezoned property worth over $1 billion in value and served as legal counsel on bond-financed transactions worth over $1 billion in value. He also served on the Georgia World Congress Center Oversight Board and assisted in the oversight of a half-billion dollar expansion of the Georgia World Congress Center.

Jon Jordan, Principal
Hecht Walker, Atlanta

Mr. Jordan’s practice concentrates on commercial disputes including, commercial landlord – tenant issues, lease litigation, commercial dispossessory actions, lien work, re-zoning and special use permits. He has extensive experience in corporate and real estate litigation.


Live Webinar

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Includes Early Discount Savings of $50.00 (through 04/28/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


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Customer Reviews

Length was ideal and the topic was timely. Excellent!

Jeanette Henderson

University of Washington

Included very straightforward, practical comments and recommendations, not just a theoretical exercise.

Randy Stokes

Lewis and Roca

The speakers were very experienced.

Cal Johnson

BDP

The speakers were very knowledgable and engaging.

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Hawks Bay

Very good current, practical and applicable discussion and information provided.

Matthew Moore

Clawson & Staubes

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

or call 1-800-926-7926

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