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Commercial Lease Litigation

Finding solutions for tenants, landlords, lenders and REITs

As a result of the current global pandemic, many businesses are facing the need to modify or terminate their commercial leases, which often involves litigation.

The attorneys comprising JMBM's Commercial Lease Litigation Group have decades of experience litigating commercial leases and represent the full spectrum of those involved in commercial leases including tenants, landlords, lenders, REITs and others. This wide-ranging representation gives us insight into all sides of the negotiating process and informs our litigation strategies.

We are experienced in litigating leasing issues in a wide range of commercial real estate asset classes including:

  • Retail and shopping center
  • Hospitality, including hotel and restaurant
  • Office
  • Industrial
  • Manufacturing
  • Agriculture
  • Storage and distribution
  • Equipment and auto dealerships
  • Event venues
  • Mixed-use properties

In the current environment, we are litigating COVID-19 lease termination disputes, and issues that include force majeure, business interruption insurance, material adverse change clauses, co-tenancy provisions and common-law issues.

However, numerous areas of law can come into play during lease litigation, and JMBM's lawyers have deep experience in these areas, including:

  • Real estate and land use
  • Zoning and regulatory issues
  • Insurance
  • Financing
  • Taxation
  • Labor and employment
  • Restructuring and bankruptcy

JMBM's litigators are knowledgeable lawyers and aggressive adversaries. Our willingness to go to trial often paves the way for opponents to seek settlement. We are dedicated to achieving the best result for our clients, in the most efficient way possible.

As the pandemic continues and closures mandated by state and local governments delay re-openings, it is an unfortunate reality that many businesses face the need to renegotiate and litigate their commercial leases.

Whether you are a landlord, tenant, lender or REIT – or your lease is for one property or you have a portfolio of properties to deal with – we can help.