Tuesday, July 23, 2019, 1:00-2:00pm
When a commercial real estate tenant defaults on its lease, there is substantial risk not only for the tenant but also for the landlord.
Though the lease may specify extensive landlord remedies, most courts will strictly construe the lease against the landlord, requiring strict adherence to notice of default and other process-based provisions in the lease. Failure to comply with these provisions and the requirements of law exposes the landlord to substantial liability, including lease termination and loss of rent, even though the tenant is in default.
There are additional risks if the landlord accepts partial rent payments from the tenant, takes possession or tenant or third party property and sells it.
This program provides a practical guide to tenant default under commercial leases and provide tips for drafting leases to protect landlords.
- Drafting in anticipation of tenant default – protecting the landlord
- Essential steps in providing notice of default and eviction
- Common landlord mistakes – waiver of tenant default, tenant lockouts, disposal of tenant/third party property
- Liability issues for landlord – lease termination, loss of rent, damages & more
- Tenant remedies for improper landlord actions
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