Consider Practical Realities When Drafting Landlord Remedies in Commercial Leases

Wilentz Shareholder David Gordon, member of the Real Estate group, and Wilentz Shareholder and Real Estate Co-Chair Todd Lehder share alternative and practical solutions intended to guide commercial landlords when tenants file for bankruptcy. In doing so, the authors consider the monetary and non-monetary nature of the default, the nature of the damages the landlord is facing, and the tenant's financial ability to respond to a claim for damages. 

This article was originally published in the August 2019 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted here with permission.

Attachment: Consider Practical Realities When Drafting Landlord Remedies in Commercial Leases