Default and Eviction of Commercial Real Estate Tenants

course

COURSE INFO

  • Available Until 7/23/2021
  • Next Class Time 12:00 PM CT
  • Duration 60 min.
  • Format MP3 Download
  • Activity Code:   223137
  • MCLE Credits 1 hour(s)


Course Price: $79.00
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COURSE DESCRIPTION

When a commercial real estate tenant defaults on its lease, there is substantial risk not only for the tenant but also for the landlord.  Though the lease may specify extensive landlord remedies, most courts will strictly construe the lease against the landlord, requiring strict adherence to notice of default and other process-based provisions in the lease. Failure to comply with these provisions and the requirements of law exposes the landlord to substantial liability, including lease termination and loss of rent, even though the tenant is in default. There are additional risks if the landlord accepts partial rent payments from the tenant, takes possession or tenant or third party property and sells it. This program will provide you with a practical guide to tenant default under commercial leases and provide tips for drafting leases to protect landlords.

  • Drafting in anticipation of tenant default – protecting the landlord
  • Essential steps in providing notice of default and eviction
  • Common landlord mistakes – waiver of tenant default, tenant lockouts, disposal of tenant/third party property
  • Liability issues for landlord – lease termination, loss of rent, damages & more
  • Tenant remedies for improper landlord actions

Speaker:

John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.