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

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

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Conducted on Thursday, March 23, 2023

Recorded event now available

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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 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, collection of damages, and other post-eviction issues.


In drafting and reviewing leases, commercial real estate counsel 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 understand 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, recovering attorney's fees, and injunctive relief.

Counsel must understand 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 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 avoid defective provisions used to the tenant's advantage. Finally, the panel will address the eviction process and post-eviction issues.



  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 and acceleration of rent
  3. The eviction process
    1. Self-help
    2. Pre-eviction notices
    3. The dispossessory proceeding
    4. Sheriff involvement for service and eviction
  4. Other remedies
    1. Suits for rent
    2. Damages
    3. Injunction
  5. Role of property manager vs. owner in lease enforcement and exercises of remedies including licensing requirements


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?
  • How do you dispose of personal property of the tenant in bankruptcy?


Abrams, Robin
Robin Abrams

Vice Chairman and Licensed Associate Real Estate Broker

Consistently named among the leaders in commercial real estate, Ms. Abrams offers unparalleled expertise and a...  |  Read More

Jeruchimowitz, Howard
Howard K. Jeruchimowitz

Greenberg Traurig

Mr. Jeruchimowitz is a commercial litigator with an emphasis in the Real Estate, Construction, and Financial Services...  |  Read More

Wiles, John
John J. Wiles

Managing Partner
Wiles & Wiles

Mr. Wiles regularly lectures on Landlord/Tenant Law and teaches real estate courses for credit through the Wiles &...  |  Read More

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