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 […]
Breach of Lease
Tenant’s Requirement to Maintain Premises in First Class Condition
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 […]
Defense of Avoidable Consequences to Property Damage
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 […]
Is the Breach of the Commercial Lease Material?
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 […]
Commercial Landlord’s 3 Options when Tenant Defaults
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 […]
What Happens if a Lease Option or Renewed Lease is Never Formalized?
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 Commercial Lease Contain an Attorney’s Fees Provision?
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 […]
Was the Breach of the Commercial Lease Material or Technical?
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 […]
Anticipatory Repudiation and Commercial Lease
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 […]
Wrongful Eviction: Evicting Commercial Tenant with Self-Help Techniques
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 […]