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

Rose Law Group expands real estate practice with addition of zoning attorney Gillespie

By Scottsdale Independent Rose Law Group, 7144 E. Stetson Drive, Suite 300, announces the expansion of their land use and real estate practice with the addition of zoning attorney Jon Gillespie. Gillespie has experience handling issues related to land use and real estate matters including development impact fees, building permits, easements, title matters, real estate transactions, design review, variances, use permits and rezoning cases. Gillespie graduated with a bachelor’s degree in finance from Brigham Young University in 2014 and returned to the desert to complete

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Rose Law Group’s Hardy hire touted by Digital Free Press

By Digital Free Press Rose Law Group, is expanding with the hiring of Henry Hardy, an attorney specializing in real estate and land use and zoning law. With experience in urban planning and GIS mapping, Mr. Hardy brings a wealth of knowledge to the firm. His background offers the law firm a unique perspective for navigating legal complexities relative to property and legal

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Jordan Rose, founder and president of Rose Law Group, pitches new Phoenix Country Day School performance arts center to PV commission

COURTESY TOWN OF PARADISE VALLEY By MacKenzie Brower | YourValley The Paradise Valley Planning Commission continues to review Phoenix Country Day School’s proposal for a new performance arts center and parking lot. The commission has until March 5 to review and make a recommendation to Town Council. Two study sessions have been held Dec. 5 and Jan. 16 with some members also touring the site between meetings. A neighborhood meeting is scheduled for Feb. 8 in PCDS’ welcome center before the public hearing Feb. 20. Paradise Valley, Scottsdale and Phoenix residents are within

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