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Rental Acceleration Provisions in Commercial Leases [Lowndes Leasing Lawyers]

December 28, 2020

Shareholder Shawn Rader discusses the use of rental acceleration provisions on the Lowndes Leasing Lawyers blog.


By: Shawn Rader

If a tenant defaults upon payment of rent, the landlord does have a right to accelerate the balance of the rental due for the remaining lease term. This practice is not, however, favored by the courts; therefore, the provision must be clear.

An enforceable provision will simply state that upon default, the landlord may accelerate as due all rental remaining due under the lease. Provisions which state that the tenant is liable for the remaining rental less the fair market value thereof are not accepted as acceleration clauses. [...]

This is an excerpt from a blog post originally written on Lowndes Leasing Lawyers. To read the entire post, click here.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Shawn

Shawn Rader focuses his practice on real estate litigation, commercial litigation, commercial leases and senior housing, and is a member of the firm’s practice groups that deal with these topics.


A frequent author and speaker, Shawn is a charter member of the American Bar Association Title Insurance Litigation Committee, serving as its first Vice-chairman in 1993, and as its second Chairman the following year. He is a member of the Florida Land Title Association, where he is a charter member of the Title Claims Roundtable.

He has had four articles published in the Florida Bar Journal, and was the co-author of the Title Insurance Law Article in the ABA Tort & Insurance Law Journal, Vol 31, No. 2 (Winter 1996).  Shawn served as Chairman of the Florida Bar Grievance Committee for Orange County and also served as President of the Orange County Bar Association Legal Aid Society.  He was Chairman of the City of Orlando Civil Service Board, served as Chairman of the City of Orlando Chapter 57 Board, and Vice Chairman of the 2012 Orange County Charter Review Commission.  Shawn is also a member of the Honorable Order of Kentucky Colonels.


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