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
Phoenix planners approve rezone for pizza restaurant and dog rescue property, with Rose Law Group Partner and Land Use Attorney Thomas Galvin presenting the case
(Disclosure: Rose Law Group represents the owners of Pizza To The Rescue.) By YourValley The Phoenix Planning Commission on Thursday approved a rezone for Pizza To The Rescue and Almost There Rescue to add an 83-car parking lot to a vacant property to the south. The rezone now goes to Phoenix City Council for final approval. The three-acre property at the
Queen Creek council approves annexation, rezoning for parking lot; Rose Law Group Partner & Land Development Solutions Director Chris Webb presents the case
Via Town of Queen Creek (Disclosure: Rose Law Group represents Carder Development.) By Janet Perez | YourValley The Queen Creek Town Council has approved the annexation of a small parcel of Maricopa County land that will allow a local real estate development firm to expand its parking lot. The council approved the matter, along with a concurrent rezoning request, at its
Queen Creek P&Z recommends approval for parking lot, with Rose Law Group Partner & Land Development Solutions Director Chris Webb presenting the case
(Disclosure: Rose Law Group represents Carder Development.) By Janet Perez | Queen Creek Independent The Queen Creek Planning & Zoning Commission has recommended a rezoning and site plan that would allow a local real estate development firm to expand its parking lot on land currently in Maricopa County. At its Wednesday meeting, the commission voted 6-0 to recommend the requests by Carder Development to the Queen