Enforcement of Lease Terms: Statutory and Contractual Limitations Periods

This one-hour webinar was presented by Carl Ciochon, Esq. a Partner and Co-chair of Wendel Rosen's real estate litigation group.

Parties who delay in enforcing their lease rights may find their claims barred either by the applicable statute of limitations or a contractual limitation period in the lease itself. These bars can have substantial economic impact when, for example a landlord has delayed in implementing authorized rent increases, or a tenant has not timely challenged the landlord’s billing of CAM charges or other expense pass-throughs. Similarly, a party who has delayed in seeking enforcement of nonmonetary lease terms, such as provisions relating to repair and maintenance obligations, may have their rights and claims deemed time-barred. This program will address issues relating to the application of statutory and contractual limitation periods in the context of a retail lease. In addition to identifying lease terms commonly subject to such limitations, the program will also analyze related issues such as accrual and tolling, waiver, and recovery of interest on sums past due. Finally, the program will outline procedures and strategies for ensuring that valuable lease rights are not inadvertently lost.