Commercial Lease Acceleration: Termination of Possession vs. Termination of Lease

 Form commercial lease language usually gives the landlord the option of terminating the lease OR terminating the tenant’s right to possession after a tenant default. Generally, if a landlord terminates the lease, this cuts off his damages at the date of termination. So, if landlord terminates the lease on January 1, 2013 and the lease …

Landlord’s Termination of Lease Precludes Future Damages

“A landlord left without an adequate remedy following breach of the lease by a tenant has only itself to blame for entering into a lease that fails to provide such a remedy.”  275 West Washington Street Corp. v. Hudson River Intern., LLC, 987 N.E.2d 194 (2013).   The case: 275 Washington Street Corp. v. Hudson …