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
Paul Coble, chair of Rose Law Group’s AI, intellectual property, and technology law department, comments on: Signs of perpetuating historic biases emerge as AI takes the helm of decision making
By Paige Gross | AZ Mirror In a recent study evaluating how chatbots make loan suggestions for mortgage applications, researchers at Pennsylvania’s Lehigh University found something stark: there was clear racial bias at play. With 6,000 sample loan applications based on data from the 2022 Home Mortgage Disclosure Act, the chatbots recommended denials for more Black applicants than identical white counterparts. They
Rose Law Group land use attorney Henry Hardy on new court case making cities liable for providing inaccurate zoning information
By Henry Hardy, Rose Law Group Land Use Attorney Developers can now recover monetary damages from municipalities for negligent misrepresentation during the land development process, marking a significant shift in the legal landscape. During the real estate development process, the relationship between a developer and a municipality can vary. At times, they might act as adversaries, at others, as collaborative
Legal battle cuts off HOA’s funding to remove Sissoo trees in Scottsdale neighborhood
(Disclosure: Rose Law Group represents Arcadia at Silverleaf residents against needless destruction of trees.) By J. Graber | YourValley Property owners who don’t want their Sissoo trees cut down by the homeowners association in the plush Arcadia at Silverleaf neighborhood won what they describe as a crucial battle in court recently. They hope the victory will effectively put an end to the four-year battle over the trees in the neighborhood, which is part of the larger DC Ranch
