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


Conducted on Thursday, May 25, 2017
Recorded event now available


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

Douglas M. Bregman, Principal
Bregman Berbert Schwartz & Gilday, Bethesda, Md.

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.

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.


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David A. Barksdale

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Ballard Spahr

Jacob Bart

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Stroock & Stroock & Lavan

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Robinson & Cole

Ronald B. Grais

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Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst

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Bryan Cave

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