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Impact of a Tenant’s Bankruptcy During Lease Term

A tenant’s bankruptcy or insolvency does not automatically terminate an unexpired lease of real property. It does not matter whether the lease expressly authorizes early termination in the case that the tenant becomes insolvent or bankrupt, because these types of lease clauses are unenforceable.  [11 USC § 365(e); In re Cole (9th Cir. BAP 1998) 226 BR 647, 652.] When a tenant files for bankruptcy this typically triggers an automatic stay of “the enforcement against the debtor or property of the estate of a judgment obtained before commencement of the bankruptcy case and “any act to obtain possession of property of the estate or of property from the estate . . .” [11 USC  §§§ 362 (a)(1), 362 (a)(2), & 362 (a)(3).]  Accordingly, as of the tenant’s

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Posted in Lease Bankruptcy, Leases

Can a Landlord Enter Rental Property During a Commercial Tenancy? 

Certain circumstances warrant a landlord’s entry onto the rental property during a commercial tenancy.  Generally, commercial leases explicitly allow a landlord reasonable access rights, i.e. in order to make necessary repairs or renovations to the property.  Additionally, a commercial lease may anticipate the landlord’s right to show the premises to prospective tenants (if and when the existing tenant ready to vacate). On occasion, a landlord’s reasonable right to enter the premises during the lease may be implied.  This depends on the specific wording in the commercial lease and the particular nature of the tenancy.  In addition, when a commercial lease specifically provides that the use of the property and the business conducted thereon, must comply with all laws and regulations applicable to the property, the

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Posted in Commercial Lease, Commercial Lease Unlawful Detainer, Commercial Real Estate, Leases

How to Break a Lease Early With the Fewest Costs & Issues

Schorr Law’s lead real estate attorney Zachary Schorr was recently quoted on in an article addressing “How to Break a Lease Early With The Fewest Costs & Issues“.  The article appears in an online forum dealing with property management issues.  In the article, Mr. Schorr discusses ways to avoid protracted litigation and ways to avoid large fees and costs when a landlord or tenant has to break a lease. At Schorr Law, our real estate attorneys have extensive experience negotiating early lease terminations ahead of a broken lease or dealing with the aftermath from broken leases.  We help landlords minimize lost rent, maximize their new rent and make sure they have a clean break from their tenants while avoiding costly litigation.   Zach SchorrMore

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Posted in Commercial Lease, Leases, Media, Residential Lease

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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