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

Pinal city managers talk water, affordable housing at Pinal Partnership; Rose Law Group Founder and President Jordan Rose moderates

By Mark Cowling | Pinal Central FLORENCE — Even as area communities see record numbers of new homes going up, cities large and small are hurting for affordable housing, city managers said at an online Pinal Partnership breakfast meeting Friday. Casa Grande needs more workforce housing, more multifamily housing and apartments, Deputy City Manager Steven Weaver said. Amid lots of

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Builders pave way for 270 square miles of development in far East Valley; Rose Law Group Founder and President Jordan Rose on the regional impact

By Angela Gonzales | Phoenix Business Journal When a pair of homebuilders plopped down $245.5 million as the winning bidder for 2,783 acres of state land in November, the stage was set for the development of yet another chunk of the far East Valley. That’s because the Arizona State Land Department crafted the bid so that the auction winner would

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Rose Law Group sponsors Boys and Girls Club for new Maricopa facility

Photo by Victor Moreno Rose Law Group’s sponsorship helps raise $26,000 at the 1st Annual Maricopa Golf Marathon. Proceeds will go toward scholarships for families to attend programs at the Boys and Girls Club in Maricopa.

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