LEGAL COLLECTIONS

Unless otherwise stated in the lease, a lessor has the choice of three alternative courses of action upon breach by a lessee. The lessor may treat the lease as terminated and retake possession for his own account, thus terminating any further liability on the part of the lessee; or the lessor may retake possession of the premises for the account of the lessee, holding the lessee liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the lessor is able to recover from a reletting; or the lessor may stand by and do nothing, holding the lessee liable for the rent due as it matures, which means all remaining rent due if there is an acceleration clause and the lessor chooses to exercise the right to accelerate. Whether the tenant has the ability to pay a monetary judgment will weigh heavily on the landlord’s election of which option to pursue. Knowing when and how to document the elected remedy can likewise be a cost saving exercise when it comes time to litigate the landlord’s damages. Our attorneys have presented damages arguments from pre-suit demands through appeals, and to judges and juries. We know how to cost effectively preserve and present the landlord’s action for unpaid and accelerated rent damages.

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