Acceleration of Rent under a Commercial Lease or Eviction?
Acceleration of rent or Eviction? What should I do if a tenant is not paying rent by the due date? Acceleration of rent clauses are valid in commercial leases. Jimmy […]
Acceleration of rent or Eviction? What should I do if a tenant is not paying rent by the due date? Acceleration of rent clauses are valid in commercial leases. Jimmy […]
Commercial leases oftentimes require the tenant to maintain the premises in first class condition. The onus is on the tenant to make the necessary repairs as required by the […]
There is an affirmative defense known as the doctrine of avoidable consequences that is often confused with the affirmative defense known as the duty to mitigate. Both defenses go to […]
A commercial lease is a contract. And, just like any contract, breach of a contract requires that there be a material breach of that contract. The materiality of a breach […]
What are the commercial landlord’s options if a tenant defaults under the commercial lease? Legally speaking, there are three known options: (1) The landlord can treat the lease as terminated […]
Sometimes, just sometimes, a commercial tenant prevails in a dispute against a landlord. Sometimes, this occurs because a renewed lease or a lease option is never formalized in writing. In […]
Does your lease contain a prevailing party attorney’s fees provision in the event of any dispute arising out of or relating to the commercial lease? Most likely it does. Prevailing […]
Is the breach a material breach or merely a technical breach? What is the difference you ask? The difference is huge. A material breach goes to the essence of the […]
There are times, for a variety of reasons, that a commercial landlord-tenant dispute happens shortly after the lease is executed. Sometimes, this leads to an argument that the other party […]
A commercial landlord should NOT impose any self-help techniques when it comes to evicting a tenant. This means a landlord should not padlock the tenant’s lease space as a mechanism […]