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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, May 14, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This CLE webinar will discuss landlord alternatives to lease termination when a tenant defaults. The panel will examine the pros and cons of lease restructuring and forbearance agreements from landlord and tenant perspectives as well as other issues that should be considered when selecting an option such as tax implications, lender requirements, and potential remedy impact. The panel will also offer best practices and drafting considerations for amending the lease and/or creating a separate forbearance agreement.

Faculty

Treiman Dov
Shareholder
Adam Leitman Bailey PC

Mr. Treiman is Chair of the firm’s Landlord-Tenant Civil Litigation Practice. As one of the leading authorities in the landlord-tenant bar, Mr. Treiman’s drafting of appellate briefs, legal documents and motions has increased the ability of the firm to garner better results for its clients. Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators.

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Samuelson Ken
Shareholder
Samuelson Law, LLC

Mr. Samuelson handles commercial real estate and technology transactions, business bankruptcies, and related litigation. He combines practice areas to restructure distressed commercial real estate and LLCs, including workouts, recapitalizations, bankruptcies, sale-leasebacks, “business divorces” and other types of business break-ups and dissolutions, including handling any litigation associated therewith. Mr. Samuelson’s real estate and bankruptcy work includes (a) in the good times – acquisitions, joint development agreements and easements, leases (including air rights, ground, interior space, tower, rooftop, and governmental leases), subleases and licenses, and financing structures; and (b) in the bad times – business or commercial workouts, foreclosures, landlord/tenant renegotiations and evictions, bankruptcies (including single asset real estate, small business reorganization act, Subchapter V, and other Chapter 11’s), financial restructurings (such as sale-leasebacks), and LLC member disputes. Its clients are primarily real estate developers, small businesses (including franchisees), investors, non-profits, embassies and commercial real estate lenders.

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Kannof Abraham
Shareholder
Nelson Mullins Riley & Scarborough LLP

Mr. Kannof focuses his practice on commercial real estate transactions. He regularly represents real estate developers, investors (including a mix of individual investors, REITs, and private equity firms), and hotel operators as it relates to the purchase and sale of real estate, title and survey analysis, development work, negotiation of loan documents, joint-venture agreements, and hotel management agreements. In addition to his extensive development, investment, and hospitality experience, he regularly represents commercial tenants and landlords in a variety of contexts including retail, office, and industrial; ground leasing, new construction properties, and second-generation space; and sale/leaseback transactions. 

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Description

In an unpredictable commercial real estate market where finding tenants can prove difficult, landlords and their counsel may want to consider alternatives to terminating a lease if the tenant is in default such as lease restructuring or forbearance arrangements that may be defined in a separate agreement. Whereas lease termination may seem like a viable alternative, under the circumstances other considerations such as whether other tenants are available, potential costs of building upgrades for new tenants, whether the space could be repurposed or, if not, whether the vacant space would prove detrimental to remaining businesses should be taken into account when making the decision.

As an alternative to termination, lease restructuring could include full or partial rent abatement or deferral by the landlord in exchange for certain tenant agreements. Any forbearance arrangements could be reflected in a lease amendment or may be defined in a separate agreement that technically does not amend the lease.

When deciding on enforcement alternatives, counsel should be aware of other considerations that could affect the decision such as possible tax implications, lender approval requirements, and how landlord remedies may be impacted.

Listen as our expert panel guides practitioners through landlord lease enforcement alternatives to termination. The panel will examine the pros and cons of lease restructuring and/or forbearance from the landlord and tenant perspectives and will discuss drafting considerations for lease amendments and forbearance agreements to best protect clients' interests.

Outline

  1. Introduction
  2. The context: Determining whether to pursue lease enforcement alternatives to termination
    • Delays and other problems with landlord/tenant court
    • Delays and other problems with bankruptcy
    • If arbitration provisions are available, how effective are they?
    • Possible tax implications
    • Lender/finance issues
    • Impacts upon the other tenants, potential tenants, and the entire project
  3. Lease restructuring
    • Restructuring alternatives
    • Drafting considerations for landlords and tenants
  4. Forbearance agreements
    • Effect on lease
    • Drafting considerations for landlords and tenants
  5. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • When should landlords and their counsel consider restructuring a commercial lease and/or creating a forbearance agreement as an alternative to lease termination?
  • What other issues should counsel for landlords and tenants consider when selecting an alternative to lease termination?
  • What are the pros and cons of lease restructuring for landlords? Tenants?
  • What are the pros and cons of forbearance for landlords? Tenants?
  • What drafting considerations should counsel for landlords and tenants consider when restructuring the lease? Drafting a forbearance agreement?