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

What’s driving opposition to the proposed Swags Restaurant? In Scottsdale Progress, Swags owner Aaron Wagner and Rose Law Group Co-founder Court Rich speak to the ‘ironic’ situation

By Tom Scanlon | Scottsdale Progress For partiers who can’t make it to Bourbon Street in New Orleans, the Entertainment District in Scottsdale will do. Near the intersection of Camelback and Scottsdale roads, the young and restless can whoop it up and bar hop, with one venue after another cranking DJ music or live bands. During the first 11 months

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Swags Restaurant rezone request to be heard by Scottsdale City Council; Court Rich, co-founder of Rose Law Group, talks to the Independent about the case

(Disclosure: Rose Law Group represents Wags Capital.) By J. Graber | Your Valley The zoning battle over a third story on the proposed Swags Restaurant downtown should come to a close Tuesday, Jan. 9. The issue is scheduled to go before the city council for a third time during its regularly scheduled meeting. Developer Aaron Wagner has been seeking approval since October

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Behind the mega-manufacturing site planned in Winslow

(Disclosure: Rose Law Group represents Atlas Global Development.) By Mason Carroll | 3TV/CBS 5 The U.S. Department of Transportation has awarded a million dollars to a project that would create a trade corridor stretching across several states along Interstate 40. One part of this is a large Tradeport in Winslow focused on manufacturing, transportation, and more. The open space south of Winslow doesn’t hold much

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