Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Four Archetypes of a Defaulting Tenant and How to Handle Them

By Theodore Yi, Charles Harper and Adam Falkof
August 01, 2023

Commercial real estate landlords depend on the success of their tenants to continue to pay rent and otherwise satisfy their lease obligations. If the tenant's business is struggling, it may have difficulty paying the rent and default may not be far off. Even if the struggling tenant is able to continue to pay rent, they may come to landlord to request some sort of rent deferral or other relief or perhaps lease restructuring, including downsizing or early termination.

As a preliminary matter, the landlord needs to know its lease and landlord's rights and remedies under the lease as well as at law. The landlord should get its legal advisor involved early and keep its legal advisor aware of potential lease defaults. As time passes, options and remedies may close.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

One Overlooked Element of Executive Safety: Data Privacy Image

Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.