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.
On Our Team
In The News
Rose Law Group expands with seven new attorneys
By Scottsdale Independent Scottsdale-based law firm Rose Law Group is expanding its roster with seven new attorneys and a development planner. Joining the team are land use attorney Alex Hosmar, real estate transaction attorney Seth Young, senior litigation attorney Elizabeth Fine, litigator Ally West, litigator Joshua Austin, family law practitioner Kelsey Fischer Maxwell, corporate and business attorney Alexander Harris, and
Massive Pinal County power and data center complex advances, with Court Rich, Rose Law Group’s director of renewable energy & utility infrastructure and the firm’s co-founder, presenting the case
By Justin Mathews | Pinal Post Planning and Zoning Commission recommends approval of 3,374-acre complex The Pinal County Planning and Zoning Commission voted 7-3 on October 16 to recommend approval of the La Osa Project’s comprehensive plan amendment. The vote marks the first step in a multi-stage approval process for the massive Pinal County data center and gas-fired power plant
Mixed-use development recommended for approval by Fountain Hills P&Z, with Rose Law Group land use attorney Sam DeMoss presenting the case
By Citizens Portal The Fountain Hills Planning & Zoning Commission approved a special use permit allowing up to six residential units above street‑front commercial at 16740 East Avenue of the Fountains, a vacant 12,000‑square‑foot lot in the C‑2 (Intermediate Commercial) zoning district and within the planned shopping center and entertainment overlays. Staff told the commission the request is for six