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Sponsored by Lorman Education
Product ID: 408639EAU
 
Credit & Course Provided by:

Collection Techniques for Landlords

OnDemand Webinar (96 minutes)

Learn both proactive and reactive strategies as well as how to address frequently used tenant remedies.This material provides attendees with the latest on commercial real estate landlord-tenant matters, including an overview of the real estate market and related asset classes, the impact of COVID-19 and related moratoria, negotiation strategies, and rights and remedies both in litigation and bankruptcy. Learn what constraints landlords and tenants face in light of pressures facing hospitality, retail, and multifamily and strategies to minimize disruption and uncertainty currently exacerbated by the COVID-19 pandemic.

Authors

Andrew T. McClain, Foley & Lardner LLP Jill L. Nicholson, Foley & Lardner LLP Daniel L. Pieringer, Foley & Lardner LLP

Agenda

Implications of Pandemic: Force Majeure, Frustration of Purpose, and Impossibility

• Overview and Scope of Tenant Defenses

• Commonly Used Triggers for Such Defenses

• Key Takeaways Regarding Legal Cases Addressing These Defenses

• Drafting/Amending Leases to Account for These Defenses

Eviction Moratoria

• Current Overview

• Federal and State Considerations

Collection Issues in Bankruptcy

• Prepetition Lease Termination

• Automatic Stay

• Assignment, Assumption, and Rejection of Leases

• Landlord Liability Concerns: Preferences and Fraudulent Transfers

• Rents and Post-Bankruptcy Performance

Other Collection Techniques

• Renegotiation

• Security Deposits

• Automatic Deductions

• Lines of Credit

• Letters of Credit

• Guaranties

• Liens