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.

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In The News

Taylor Morrison closes on Mesa land once owned by dairy farmers

(Disclosure: Rose Law Group represents Taylor Morrison and Lennar.) By Angela Gonzales | Phoenix Business Journal Scottsdale-based Taylor Morrison Home Corp. is the first homebuilder to close on a prime chunk of vacant land that once was a dairy farm in Mesa. Taylor Morrison (NYSE: TMHC) paid $56.43 million for 178 acres at a new 1,200-acre master-planned community called Hawes

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Homebuilders enter escrow for new 1,200-acre master-planned community in Mesa

(Disclosure: Rose Law Group represents Lennar and Taylor Morrison.)   By Angela Gonzales | Phoenix Business Journal   Homebuilders and developers are paving the way for thousands of new homes on 1,200 acres of land that once was occupied by dairy farmers. All of the land is under contract, with homebuilders and developers expected to close escrow over the next

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AZ DealMakers recap; Homebuilder Panel moderated by Jordan Rose, Rose Law Group founder and president

The Housing Market Economic Forecast to Help You Navigate 2022 By Madelaine Braggs | Rose Law Group Reporter Covid-19 reshaped the American economy and unexpectedly led to a wildly successful selling season for homebuilders and developers. But two years into the pandemic, the labor market is tight, inflation is the highest in 40 years, and supply chain issues are causing

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