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.

On Our Team

In The News

Disappearing City Limits: A Look at Pinal County; Moderated by Court Rich, Rose Law Group co-founder

By Madelaine Braggs | Rose Law Group Reporter  Arizona’s homebuilding and development industry packed into the Fairmont Scottsdale Princess Friday for the 12th annual highly anticipated AZ Dealmakers conference, presented by Zonda. It was an opportunity to catch up on latest development strategies and deals that are pioneering a new landscape. Among industry experts in the lineup, was Rose Law Group

Read More »

After Years of Failure, California Lawmakers Pave the Way for More Housing; A Warning from Jordan Rose, Rose Law Group Founder and President

By Conor Dougherty | The New York Times California needs more housing. More condominiums, more townhouses near mass transit, more suburban apartment buildings. There is no other solution to the state’s desperate homelessness problem and a deepening housing affordability crisis, according to a broad collection of economists and housing experts. Yet for years the State Legislature has struggled to follow their prescription to

Read More »

League of Arizona Cities and Towns 2021 Annual Conference; Rose Law Group Founder and President Jordan Rose moderates real estate panel

Trends in Housing & Real Estate – Ensuring Arizona Has Vibrant Communities Wednesday, September 1 1:30 p.m. – Frank Lloyd Wright A/B This session will explore how cities and towns can maintain and enhance your community’s essence while managing Arizona’s booming housing market, navigating housing trends, balancing the needs for affordable housing, and preparing your community for the future. Presider:

Read More »