In a commercial lease dispute, the landlord will almost always insist on recouping every single dollar of late fees, as provided for in the lease, which are incurred as a result of a tenant’s default in the payment of the rent and “additional rent” due and owing under the lease.
On the other hand, the tenant will contemporaneously resist paying these additional fees. Notwithstanding the stipulated lease clauses to the contrary, when opposing the landlord’s claim, it is anticipated that the tenant will likely argue that the late fees are unconscionably excessive and disproportionate to the amount owed.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
