Rent Deferral Agreements for Defaulted Commercial Leases: Pre-Negotiation, Risk of Insolvency, Landlord Due Diligence
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will discuss factors to consider when negotiating a commercial tenant rent relief agreement for landlord and tenant counsel. When beginning the process of potential rent relief, landlords will want to consider their cash flow and financing arrangements and whether third-party consent is necessary, and whether rent relief would affect the landlord's ability to pursue insurance claims or governmental bailout and other relief. Likewise, tenants must work closely with landlords and counsel to structure deals in a way tied to the tenant's current and anticipated financial reality.
- Rent deferral agreements and rent relief generally
- Landlord concerns
- Tenant written request
- Pre-negotiation agreement
- Landlord cash flow/financial situation
- Tenant concerns
- Security deposit release
- Personal guaranty
- Best practices and tips
The panel will review these and other key issues:
- What should be included in a pre-negotiation agreement after a rent relief request is received?
- What data is most useful for a landlord in evaluating the risk of future default or insolvency before agreeing to a deferral?
- When should a tenant consider releasing a security deposit or providing a personal guaranty?
- What is the legal framework the landlord and tenant may be required to negotiate under, such as eviction moratoriums and other COVID-19 related law?
Attorney at Law
Mr. Motamedi handles a variety of commercial and residential leases from draft work up to commercial litigation. His... | Read More
Mr. Motamedi handles a variety of commercial and residential leases from draft work up to commercial litigation. His clients range from individual tenants to large corporations involving various retail centers and commercial buildings. Mr. Motamedi
has experience in dealing with lease drafting, negotiations, easement issues, evictions, and contract interpretation.
Matthew L. Strayer
Bricker & Eckler
Mr. Strayer represents buyers, sellers, owners, developers, and lending institutions on real estate projects involving... | Read More
Mr. Strayer represents buyers, sellers, owners, developers, and lending institutions on real estate projects involving retail, hospitality, industrial warehouse, and other uses and industries. He also has experience representing landlords in relation to commercial leasing and other end uses. Additionally, Mr. Strayer represents construction and permanent mortgage lenders in the negotiation and documentation of new and restructured commercial loans.Close