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

Dan Gauthier, Rose Law Group transactional attorney, on the uncertain future of 1031 exchanges

By Paul Getty | Wealth Management With the recent change of administrations earlier this year, real estate investors and landlords are on high alert for policy changes that could impact their assets. Of particular interest is the 1031 exchange, which is once again up on the chopping block. 1031 exchanges have been around for one hundred years and have undergone

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State Fair, a million people coming to Ahwatukee’s backyard

(Disclosure: Rose Law Group represents Wild Horse Pass Development Authority in their discussion with the Arizona State Fair.) By Ahwatukee Foothills News The roar of midway rides and the smell of fried everything is coming to a place not far from Ahwatukee this fall. The State Fair Board last week voted to move the 2021 fair to the Wild Horse

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Watch! Jordan Rose, development community talk Scottsdale ‘Corridors of Opportunity

An artist’s rendering shows a potential look for the planned redevelopment of the Mint night club in Scottsdale, which the landowners want to redevelop into a hotel. (Photo courtesy of City of Scottsdale.) By Corina Vanek | Phoenix Business Journal All eyes remain on Old Town as a prime employment and redevelopment area in Scottsdale, even as other parts of

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