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 Tuesday, October 16, 2018

Recorded event now available

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Program Materials

This CLE webinar will give real estate counsel a better understanding of how courts interpret and enforce leases. 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 typically focus 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 specific 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 leasing 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 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 be used to the tenant’s advantage. Finally, the panel will address the eviction process and post-eviction issues.

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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 noteworthy 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

Bowman, Christopher
Christopher B. Bowman

Principal
Bregman Berbert Schwartz & Gilday

Mr. Bowman's practice is concentrated on representing parties in contract, lease, commercial landlord-tenant and...  |  Read More

Kafetz, Heather
Heather L. Kafetz

Principal
Bregman Berbert Schwartz & Gilday

Ms. Kafetz handles a variety of litigation matters, including the defense and prosecution of commercial real estate...  |  Read More

McParland, Kevin
Kevin B. McParland

Principal
Bregman Berbert Schwartz & Gilday

Mr. McParland practices in the areas of general civil litigation, real estate, residential/commercial landlord and...  |  Read More

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