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Drafting And Enforcement Of Commercial And Residential Leases, Including Bankruptcy Protections For Landlords  

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Training Course Syllabus:


This seminar is designed for attorneys, property management professionals, owners, landlords, presidents, vice presidents, real estate agents, housing coordinators and accountants.

Attorneys will benefit from guidelines for drafting, enforcing and terminating commercial and residential leases. Bankruptcy remedies for landlords will also be discussed. Current legal developments will be presented so you have the changes you need to know and comprehend. Landlords can greatly benefit by reducing the likelihood of unsatisfactory results in eviction cases and costly involvement.

9:00 a.m. - 10:30 a.m.

I. Writing A Residential Lease

A. General Contract Law Principles That Apply To Lease

B. Arizona Residential Landlord And Tenant Act Considerations

C. The Rental Application

D. Types Of Leases

E. Parties To The Lease

F. Special Provisions To Consider Having In Your Lease

G. Miscellaneous Lease Issues

H. Review Of Forms

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 11:45 a.m.

II. Understanding And Drafting

Commercial Leases

A. Categories Of Commercial Lease Used And General Characteristics Of Each

1. Retail

2. Office

3. Industrial

4. Ground Leases

B. Common Economic Structures Of Leases, Including Gross, Net And Full Service

C. Ground Leases

III. Common Components Of Leases

A. Use Clauses/Permitted Uses/Prohibited Uses

B. Restrictive Covenants/Exclusive Uses/Radius Clauses

C. Construction Of Improvements, Ownership Of Improvements

D. Assignment And Subletting

E. Transfer Or Sale Of Tenant’s Business

F. Operating And Pass-Through Expenses, Maintenance And Repair

G. Guaranties

11:45 a.m. - 12:45 p.m.

Lunch (On Your Own)

12:45 p.m. - 1:45 p.m.

III. Common Components Of Leases

(Continued)

H. Extensions, Renewals, Expansions

I. Environmental Laws Compliance

J. Lender Issues, Financeable Leases

K. Attornment; Non-Disturbance Covenants; Estoppel Certificates

L. Bankruptcy Protection Clauses

M. Rental; Percentage Rental; Increases In Rental

N. Defaults And Remedies

IV. Avoidance Of Common Problems

A. Notice And Cure

B. Rights To Audit Calculation And Assessment Of CAM Charges

C. Adequacy Of Parking Rights, Including Customer/Visitor Parking

D. Adequacy Of Services

E. Planning For Growth

1:45 p.m. - 2:00 p.m.

V. Ethical And Professionalism

Considerations

A. Lawyer Professionalism

B. Avoidance Of Conflicts Of Interest

C. Duties Of Lawyer Where Client Is An Entity

D. Confidentiality Issues

E. Duty To Be Forthright; Obligations Of Good Faith

2:00 p.m. - 3:00 p.m.

VI. Defaults And Non-Bankruptcy

Remedies

A. Self-Help Evictions

B. Proceedings In Unlawful Detainer

C. Non-Payment Of Rent

D. Appeals From Evictions For Non-Payment Of Rent

E. Other Evictions (Other Than Non-Payment Of Rent)

F. Constructive Eviction

G. Rent And Damage Claims

H. Holdover Tenants

I. Landlord Lockouts – Avoiding Evictions That Are Illegal

J. Taking The Case To Trial

K. Appeals – Tenant Defenses

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:30 p.m.

VII. Bankruptcy – Landlord’s Remedies If

Tenant Files A Bankruptcy Petition

A. Lifting Automatic Stay

B. Section 365 – Landlord’s Recourse

C. Sections 502, 503, And 507 – Rejection Of Lease And Proof Of Claims

D. Residential Real Property vs. Non-Residential Leases

E. Timing Of Events

Seminar Summary:

 (see full course description)

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