Rose Law Group has a dedicated group of lawyers who are devoted to serving the lease enforcement needs of commercial landlords. A specific strategy is developed for each lease default commensurate with the profile of the tenant, the guarantors (if any) and the square footage involved. Sometimes the lease will be terminated and sometimes the lease will be kept in force and effect without terminating the lease but with each subsequently accruing monthly rental installment being added to the amount of the judgment,
Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.
Lease assignments which impact adversely upon use restrictions and issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.
Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.
Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.
Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.
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In The News
Tempe council approves driveway change, with Rose Law Group Land Use Attorney Jon Gillespie handling the case
(Disclosure: Rose Law Group represents the Goettle family.) By Madeline Bates | Tempe Indpendent The Tempe City Council gave the green light for a family to move their driveway, despite concerns from neighbors and the potential impact to a school across the street. The Goettle family owns a home across from C.I. Waggoner Elementary School and were seeking approval from the council
Lennar snags lots near TSMC; Jordan Rose, founder and president of Rose Law Group, comments in Business Journal
(Disclosure: Rose Law Group represents the seller.) By Angela Gonzales | Phoenix Business Journal One of the nation’s largest homebuilders has secured 444 lots near the Taiwan Semiconductor Manufacturing Co.’s $265 billion development in north Phoenix. AGWIP Asset Management, land banker for Miami-based Lennar Corp. (NYSE: LEN), plopped down $60.14 million in cash for the land spanning 132.24 acres near 117th Avenue
Gilbert approves townhomes in Power Ranch, with Rose Law Group Land Use Attorney Jon Gillespie presenting the case
(Disclosure: Rose Law Group represents Raintree Investment Corp.) By Tom Blodgett | YourValley Gilbert Town Council has approved a 171-unit townhome development that would replace plans for a denser rental project on a Power Ranch property that has sat vacant for nearly two decades. The council approved a minor general plan amendment and rezoning Sept. 15 for Woodcrest Village West, a 16.8-acre site at the