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

PGA TOUR’s VP of Gaming gives Rose Law Group founder and president Jordan Rose and senior project manager Jen Hall shout out at DraftKings Sportsbook ribbon cutting ceremony

  (Disclosure: Rose Law Group represents PGA TOUR.) By Rose Law Group Reporter The PGA TOUR and DraftKings Inc. (Nasdaq: DKNG) held a ceremonial ribbon cutting at the DraftKings Sportsbook at TPC Scottsdale at 1 p.m. MT today, with former Arizona Cardinals legend Larry Fitzgerald placing the ceremonial first bet. The sportsbook will officially open to the public at 10

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Rose Law Group hires Ty Utton to bolster land-use development efforts

Ty Utton adds development project depth to Rose Law Group By Digital Free Press The land-use legal team at the Rose Law Group is adding Ty Utton to the fold as officials there say the new hire will expand on talent and services rendered to meet the increasingly complex needs of local developers. Mr. Utton joins the team, bringing with

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Utton joins Rose Law Group’s land development solutions group

By YourValley Rose Law Group’s land use legal team has hired project manager and planner Ty Utton, who specializes in providing guidance through the various governmental processes in order to realize client’s projects, including rezoning’s, condition modifications, use permits, variances and appeals. He is diverse in land division cases, such as subdivisions, lot splits, easements and abandonments of public rights-of-way,

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