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

Description

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.