If a tenant fails to pay rent, the landlord has a decision to make: whether to terminate the lease and sue for the unpaid rent and for future rent, or to continue the tenancy and distrain on the tenant's goods.
Most commercial leases contain a clause which states that the landlords' remedies under the lease are cumulative, and that no remedy is exclusive or dependent on any other remedy. Since termination and distress are both powerful self-help remedies, why not use both?
Read the full article here: Exercising the Distress Remedy - Waive Goodbye to Your Right to Terminate- September 12-2014
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. No recipient of this content should act, or refrain from acting, based on any information included without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
