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
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
Goldmine Mountain Estates gets Pinal County go-ahead, with Jordan Rose, founder and president of Rose Law Group, presenting the case
(Disclosure: Rose Law Group represents Goldmine Mountain Estates.) By Pinal Central Big lots in Queen Creek area Also Wednesday, the board agreed to abandon the Goldmine Mountain Estates planned area development overlay on two non-contiguous parcels totaling 105 acres north of Queen Creek. This reverts the land to the underlying General Rural zoning. Supervisor Jeff Serdy, R-Apache Junction, commented that in all
