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
After Rose Law Group land use attorney Henry Hardy presents case on behalf of Francisco Grande Hotel and Golf Resort, applicant shelves plans for nearby facility
Francisco Grande Hotel & Golf Resort By Jodie Newell | Pinal Central A major site plan proposal for a 1,500-bed youth immigration facility at Gila Bend Highway and Ethington Road has been withdrawn because the applicant will not receive a federal contract. City Manager Larry Rains told PinalCentral the application was withdrawn Friday because Target Logistics Management LLC had failed
Rose Law Group land use attorney Sam DeMoss examines how a new Arizona law could impact development in municipalities across the state
By Rose Law Group Attorney Samantha DeMoss HB2297, also known as the “Adaptive Reuse Law” is the culmination of an ongoing bipartisan effort from the Arizona legislature to mitigate the housing shortage in Arizona. Going into effect on January 1 of 2025, the bill allows for the redevelopment of up to 10% of existing built commercial development for multi-family residential
Rose Law Group land use attorney Henry Hardy presents case on behalf of Francisco Grande Hotel and Golf Resort
(Disclosure: Rose Law Group represents Francisco Grande Hotel and Golf Resort.) By Pinal Central The Casa Grande Board of Adjustment delayed deciding on an appeal against construction of a large immigration detention center on the west side before a packed chamber amid complaints that some information was withheld. Texas-based Target Logistics Management LLC is requesting that a major site plan
