Real Property Lease Defaults, Terminations and Recoveries

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

[OP-ED] Maricopa County Supervisor Thomas Galvin in The Republic: Cutting red tape to bring down housing costs

By Thomas Galvin, Maricopa County Supervisor and Rose Law Group Partner For The Arizona Republic Despite continued high costs and low supply, the housing affordability crisis has received either short shrift or lip service at the state level. This past year, Maricopa County leaders addressed residents’ concerns by overhauling its zoning ordinance, garnering national attention. Maricopa County achieves results on public safety, lowering taxes, fostering economic development and now, housing affordability. In my chairman’s address just

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Maricopa County speeds up housing development; Rose Law Group Founder & President Jordan Rose comments in PBJ

By Angela Gonzales | Phoenix Business Journal Jordan Rose, a long-time zoning attorney and founder of Rose Law Group, said the modernized zoning ordinance cuts out the needless government regulations that lead to price escalation in the housing market and prioritizes AI infrastructure uses — addressing some critical issues. “I would bet that this new ordinance will be plagiarized and

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‘Main 45’ and Rose Law Group land use real estate attorney Jon Gillepsie recognized with ‘Best Site Plan’ award by City of Mesa

Congratulations to all! Main 45, Elliot Barkan Development’s 45-unit, townhome-style project located on 3.5 acres at the SWC of Sossaman Rd and Main St, has been selected as the winner in the category of ‘Best Site Plan” by Mesa Development Services. ’Excellence & innovation’ in the development of Main 45 “set a high standard” within the community, the city noted. Those achievements and

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