News & Analysis as of

Landlords Default Tenants

Miller & Martin PLLC

5 Provisions to Carefully Negotiate as a Tenant in a Commercial Lease

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Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

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If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Holland & Knight LLP

Surrender Condition: Your Lease May Lack a Key Automatic Default Provision

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For commercial landlords, ensuring that tenants return the leased premises in the agreed-upon condition is crucial to protecting their property and income. One effective way to enforce this is by making a tenant's failure to...more

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

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Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on...more

DarrowEverett LLP

Rent is Due: Strategies for Landlords with Financially Unstable Tenants

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Even landlords who conduct in-depth analyses of tenant credit and financial health will experience some tenants who become financially unstable during the term of the lease. In an environment where replacing tenants can be...more

Kerr Russell

New Law Clarifies Lenders’ Rights To Collect Rent From Tenants Of A Borrower

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When a landlord defaults on a mortgage of its rental property, the lending institution will typically seek to collect rent from the borrower’s tenants in order to secure repayment of the loan....more

BCLP

Landlord’s duty to mitigate after tenant default

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A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 2021

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New York Court of Appeals Holds That Disgorgement Payment Under SEC Settlement Not Excluded As A Penalty Imposed By Law- The Securities and Exchange Commission (SEC) alleged that Bear Stearns facilitated late trading and...more

Tonkon Torp LLP

Rent Assistance Lottery For Oregon Commercial Tenants Opens March 8

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Starting March 8, small business owners in Oregon with 100 or fewer employees and who are behind on their rent can apply for a grant from Business Oregon, the state’s economic development agency. Grants are available for up...more

BCLP

COVID 19 - UK: Summary of COVID 19 Legislation / Measures impacting landlords' remedies for tenant default

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This note provides a brief summary of the measures (and applicable timescales) that have been implemented during the Covid-19 pandemic, that impact landlords’ remedies for tenant default as at 1 October 2020. ...more

BCLP

Summary table of landlords' remedies for tenant default

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This table summarises landlords’ main options in the event of tenant default, and sets out some advantages, disadvantages and practical tips for each remedy (factoring in current Covid measures/restrictions as at 1 October...more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

Lowenstein Sandler LLP

Tips For Negotiating With Landlords Amid COVID-19

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The Covid-19 pandemic has shut down most of the economy and retailers are among the businesses that could be closed for months. Even when they reopen, they will have suffered devastating losses of revenue. For most of...more

Mintz - Real Estate, Construction &...

Commercial Leases in the Age of COVID-19 - A Menu of Options for Landlords and Tenants

The interruption to business-as-usual in the commercial real estate industry brought about by the COVID-19 pandemic has been unprecedented and, while hopefully only temporary, the full extent of the impact may not be entirely...more

Akerman LLP

Landlord Tenant Issues In Bankruptcy Amid COVID-19

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In the midst of the COVID-19 pandemic, many commercial landlords may be wondering whether they’ll receive their next rent payment as tenants struggle to make ends meet. Landlords and tenants alike should be prepared for a...more

Troutman Pepper Locke

Commercial Evictions: Mitigation in Commercial Lease Defaults

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When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

Faegre Drinker Biddle & Reath LLP

4 Landlord Considerations When a Tenant Defaults

When a tenant defaults, landlords have a difficult choice: do they immediately repossess the tenant’s space, sometimes referred to as self-help, or do they wait until they are formally awarded the right to possession? It’s a...more

Arnall Golden Gregory LLP

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Snell & Wilmer

Lenders Can Prepare for Tenant Offset Rights in SNDAs

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Tenants’ limited recourse to their landlords has made “offset rights” a major issue in negotiating Subordination, Non-Disturbance and Attornment Agreements (SNDAs). Tenant offset rights arise when the tenant has the...more

Ballard Spahr LLP

Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

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As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more

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