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Drafting an Effective Commercial Lease Default Lease: Two More Secrets
Last month, we outlined three types of provisions that can ease a commercial landlord's efforts to enforce the terms of a lease when a tenant defaults: clauses related to additional rent, rent acceleration and late charges. We continue here with two more lease-drafting ideas for minimizing the effects of tenant default.
Chronic Nonpayment
A necessary part of an effective default clause is a provision enabling the landlord to cancel the lease for the frequent delinquency of rent payments, commonly referred to as a “chronic nonpayment” of rent-due termination clause. It often happens that a landlord who is forced to commence a nonpayment proceeding in New York City Civil Court, or other local court with summary jurisdiction, is faced with a tenant who is either chronically late in paying the rent or does not pay the rent at all, thus causing the landlord to have to institute repeated legal proceedings to procure the timely payment of rent. See, e.g., National Shoes v. Annex Camera & Electronics, Inc., 114 Misc.2d 751 452 NYS2d 537 (NYC Civil Ct. 1982).
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