Lease Enforcement and Remedies: Structuring Key Provisions for Eviction, Self-Help, Injunction, Action for Damages
Recording of a 90-minute CLE webinar with Q&A
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.
- Key lease provisions relating to enforcement/litigation
- Events of default; notice and cure
- Property access and self-help
- Relocation; continuous operation (“go dark” provisions)
- Early termination considerations
- Common requirements for early termination
- Obligations of parties after termination
- Back rent; post-eviction rent
- The eviction process
- Pre-eviction notices
- The dispossessory action
- Sheriff involvement
- Other remedies
- Role of property manager vs. owner in lease enforcement and exercises of remedies
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?
Douglas M. Bregman
Bregman Berbert Schwartz & Gilday
Mr. Bregman has maintained a general civil law practice for over 35 years focusing on transactional real estate and... | Read More
Mr. Bregman has maintained a general civil law practice for over 35 years focusing on transactional real estate and business representation; mediation and arbitration; civil litigation; and receiverships, trusts and estates. Mr. Bregman's areas of concentration include: commercial real estate purchase and sale agreement preparation, negotiation, due diligence and settlement; commercial lease drafting and negotiation; civil litigation; business representation; and transit-oriented development negotiation and documentation. Mr. Bregman is an adjunct professor at Georgetown University Law Center and Columbia Law School.Close
Greg K. Hecht
Mr. Hecht's practice focus includes business, commercial and real estate litigation, local government law,... | Read More
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.Close
Mr. Jordan’s practice concentrates on commercial disputes including, commercial landlord – tenant... | Read More
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.Close