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Wendel Rosen’s commercial lease dispute & resolution team offers an inter-disciplinary approach to commercial lease disputes and workouts. Comprised of attorneys from the firm’s Real Estate, Litigation, Land Use, and Bankruptcy groups, the team advises and represents commercial landlords and tenants.

The team understands COVID-19’s impact on commercial leasing and uses its knowledge and expertise to assist with specific challenges that may arise during this time.

Our cross-practice group of attorneys provide expert assistance on a wide range of commercial lease issues, including:

  • Lease analysis and strategic pre-litigation advice
  • Counsel and representation in commercial landlord-tenant disputes
  • Lease workouts and renegotiations
  • Tenant insolvency
  • Bankruptcy and restructuring matters
  • Skilled, effective representation in complex lease litigation and arbitration

COVID-19

The COVID-19 Pandemic has made interpretation of commercial leases and resolution of leasing disputes increasingly important.

With many businesses closed or severely curtailed under “Shelter in Place” Orders, COVID-19 has created an unprecedented crisis for commercial landlords and tenants. Our attorneys are available to guide clients through the maze of business and legal issues now confronting commercial landlords and tenants, including:

  • Whether governmental closure orders, or related circumstances, excuse or otherwise limit the tenant’s obligation to pay rent under doctrines such as force majeure, impossibility, and frustration of purpose
  • Potential landlord remedies and constructive strategies for approaching and resolving disputes over the tenant’s rental obligations, including forbearance, deferral, and lease extensions
  • Whether loan documents restrict the landlord’s ability to negotiate tenant accommodations or otherwise impact the landlord’s approach
  • Negotiating temporary accommodations without effecting a broader waiver of rights
  • Early surrender or termination of the lease and the landlord’s duty (if any) to mitigate damages
  • The scope and impact of state and local governmental and judicial restrictions, including moratoria on evictions and prohibitions on proceeding with unlawful detainer actions
  • Potential landlord rights and remedies in the event that a tenant files bankruptcy

Publications

Commercial Evictions in the Era of COVID-19

Commercial Evictions in the Era of COVID-19

10/15/2020 | Wendel Rosen LLP

Note: This article was originally published on 6/5/2020 and was last updated on 10/15/2020. Ordinarily, when commercial landlords are confronted with a tenant’s nonpayment of rent, the landlord’s recourse is…

Full Article
The Split Roll May be Coming – Are You Prepared?

The Split Roll May be Coming – Are You Prepared?

09/28/2020 | Wendel Rosen LLP

This November, California voters will decide Proposition 15, which if passed, will dramatically transform the real property tax structure for commercial properties in California. Known as the “split roll” initiative,…

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Shifting the Loss from a Forged Instrument:  Protection for Innocent Real Estate Purchasers and Mortgage Lenders Under The Doctrine of Equitable Estoppel

Shifting the Loss from a Forged Instrument:  Protection for Innocent Real Estate Purchasers and Mortgage Lenders Under The Doctrine of Equitable Estoppel

09/24/2020 | Wendel Rosen LLP

Under California law, a deed that purports to convey title (ownership) or any other interest in real property, such as an easement, is completely void if the conveyancing party’s signature…

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News

Commercial Evictions in the Era of COVID-19

Commercial Evictions in the Era of COVID-19

10/15/2020 | Wendel Rosen LLP

Note: This article was originally published on 6/5/2020 and was last updated on 10/15/2020. Ordinarily, when commercial landlords are confronted with a tenant’s nonpayment of rent, the landlord’s recourse is…

Full Article
Your Commercial Tenant Goes Bust – What Happens Next?

Your Commercial Tenant Goes Bust – What Happens Next?

08/21/2020 | Wendel Rosen LLP

Neiman Marcus, Gold’s Gym, JC Penney and Hertz – the list goes on of large American companies that have declared bankruptcy during 2020. If you are a landlord with a…

Full Article
Alert – Update to Senate Bill 939’s Potential Impact on Commercial Leases

Alert – Update to Senate Bill 939’s Potential Impact on Commercial Leases

06/26/2020 | Wendel Rosen LLP

Note: This article was originally published on 6/5/2020 and was last updated on 6/26/2020. Update: On June 18, 2020, the Senate Appropriations Committee did not remove SB 939 from the…

Full Article
SB 939 – Commercial Tenancies and Evictions

SB 939 - Commercial Tenancies and Evictions

Wendel Rosen is following the latest on SB 939 and will be updating as it develops.

Read Latest Update