Lease Enforcement and Remedies: Structuring Key Provisions for Eviction, Self-Help, Injunction, Action for Damages
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Thursday, March 23, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will give real estate counsel a better understanding of how courts interpret and enforce leases. The panel will review the lease provisions essential to the practical exercise of remedies by the landlord and defenses that may be available to the tenant. The panel will discuss the eviction process, collection of damages, and other post-eviction issues.
Mr. Jeruchimowitz is a commercial litigator with an emphasis in the Real Estate, Construction, and Financial Services Litigation practices. He represents owners, developers, landlords and tenants in landlord-tenant and shopping center disputes, mechanics liens, foreclosures, and construction disputes, as well as banks and lenders in bank and mortgage litigation, such as mortgage fraud, commercial and residential foreclosures, mechanics lien and FDCPA issues. Mr. Jeruchimowitz also represents business owners in LLC and shareholder disputes, including direct and derivative claims. He has deep experience with post-judgment proceedings and asset-recovery litigation, including fraudulent transfer, alter ego and veil piercing litigation. Mr. Jeruchimowitz has a wide range of experience in trials in both state and federal courts, as well as arbitrations and mediation.
Consistently named among the leaders in commercial real estate, Ms. Abrams offers unparalleled expertise and a sought-after consultative approach. Throughout her career, she has worked with major retail brands and Fortune 500 companies. Ms. Abrams collaborates with retailers to develop strategic plans and to secure sites, as well as to mitigate for underperforming real estate. She also represents landlords and is the exclusive leasing agent for numerous marquee properties. Ms. Abrams is frequently enlisted by major media outlets and trade organizations for her expertise, she does extensive consulting work and provides expert testimony for litigation and arbitration cases.
Mr. Wiles regularly lectures on Landlord/Tenant Law and teaches real estate courses for credit through the Wiles & Wiles, LLP Real Estate School. Additionally, he has been an active member of the International Council of Shopping Centers for more than 29 years and is currently serving as the P3 Private Sector Chair for the Southern Division. Mr. Wiles was a State Representative in the Georgia House of Representatives, 1995-2003 and a Georgia Senator from 2005 to 2011 where he served as the Majority Whip.
In drafting and reviewing leases, commercial real estate counsel typically focus on the transactional aspects of a lease: rent, term, build-out, expansion rights, payment of taxes, insurance coverage, and the like. But what happens if the tenant defaults on its obligations?
Does the lease contain the necessary default, notice and cure, and remedies provisions to allow for the landlord to enforce the negotiated terms? Does it allow the landlord access to the premises and the ability to take specific actions--payment of taxes, carrying insurance, or property repair and maintenance--if the tenant fails to do so? Are there any impediments to eviction?
The leasing specialist should understand how litigation counsel (for the landlord or tenant) might interpret a lease, and what actions to take when a landlord-tenant conflict arises. The lease must be clear on the rights and remedies available to the landlord upon a tenant default, including self-help, eviction, actions for damages, recovering attorney's fees, and injunctive relief.
Counsel must understand how lease termination options and "go dark" provisions will work in practice and know the procedure and timing of tenant eviction action should the tenant default.
Listen as our authoritative panel of lease litigation specialists reviews the remedies typically available under leases and the terms that are essential to the practical exercise of those remedies by the landlord. They will also discuss defenses that may be available to the tenant and avoid defective provisions used to the tenant's advantage. Finally, the panel will address the eviction process and post-eviction issues.
- Key lease provisions relating to enforcement/litigation
- Events of default; notice and cure
- Property access and self-help
- Remedies
- Relocation; continuous operation ("go dark" provisions)
- Early termination considerations
- Common requirements for early termination
- Obligations of parties after termination
- Back rent; post-eviction rent and acceleration of rent
- The eviction process
- Self-help
- Pre-eviction notices
- The dispossessory proceeding
- Sheriff involvement for service and eviction
- Other remedies
- Suits for rent
- Damages
- Injunction
- Role of property manager vs. owner in lease enforcement and exercises of remedies including licensing requirements
The panel will review these and other noteworthy issues:
- What are the standard landlord remedies for a tenant default under a lease?
- What provisions should every lease contain to allow for proper exercise of those remedies?
- What defenses do tenants typically raise in response to eviction and other actions?
- How does the process and timing of an eviction action vary between commercial and residential leases?
- How do you dispose of personal property of the tenant in bankruptcy?
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