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 State Fair has a new location after 116 years

(Disclosure: Rose Law Group represents Wild Horse Pass Development Authority in their discussion with the Arizona State Fair.) Photo via Arizona State Fair By KiMi Robinson | Arizona Republic The Arizona State Fair is moving to a new location. The Arizona Exposition and State Fair Board unanimously voted on March 25 to relocate the 2021 event from the fairgrounds at 19th Avenue

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Homebuilders tout housing boom during Pinal Partnership Breakfast, moderated by Jordan Rose, founder and president of Rose Law Group

By Aaron Dorman | Pinal Central COOLIDGE — Not even the pandemic could stop the building boom in Pinal County, according to some high profile developers. With the construction of new homes, especially with the filling out of “zombie” subdivisions left over from the recession, the county has continued to see a steady rise in home ownership. At a talk

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WATCH! Housing crisis in the making? Top industry experts offer predictions on Valley residential market; Jordan Rose on panel of experts hosted by Business Journal

WATCH HERE By Angela Gonzales | Phoenix Business Journal The skyrocketing growth in the Valley’s residential real estate market is expected to continue through 2021, as homebuilders furiously buy land to build more homes to keep up with insatiable demand. The Phoenix Business Journal recently invited some of the Valley’s top real estate experts for a recent panel discussion on

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