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

Arizona municipalities welcome homebuilding growth; Jordan Rose, founder and president of Rose Law Group, talks about it with KTAR

Jordan Rose By Griselda Zetino | KTAR PHOENIX — At a time when the housing market in the Valley is desperate for more inventory, homebuilders are trying to keep up. However, they must get plans and permits approved first before they can have shovels hitting the ground. That’s where attorneys like Jordan Rose come in. The founder and president of Rose Law

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What Pinal County legislators are working on; Rep. Cook and Sen. Shope interviewed by Jordan Rose, Rose Law Group Founder and President

By Madelaine Braggs | Rose Law Group Reporter Representative David Cook (R) and Senator T.J. Shope (R) say they’re working across chambers to make sure Pinal County is getting equal attention in the state legislature. Pinal Partnership hosted an event Friday at the Windmill Winery in Florence, inviting the Arizona lawmakers to give the community an update on local legislature.

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Dan Gauthier, attorney at Rose Law Group, unpacks ruling vacating CDC eviction moratorium

By Kyle Swensen | Washington Post In a ruling that could have a tremendous impact on millions of Americans, a federal judge in Washington D.C. on Wednesday ruled that the Centers for Disease Control and Prevention overstepped its legal authority when it issued a nationwide eviction moratorium.U.S. District Court Judge Dabney Friedrich’s 20-page order says that the protection, first put in place

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