Self-Help Remedies: Are They Really Helpful?

Landlords and tenants often negotiate self-help remedies in their leases. For example, in commercial leases, landlords reserve the right to re-enter the premises without the need for court process upon a tenant default, termination of the lease or abandoning the premises. Tenants typically reserve the self-help right to terminate the lease and vacate the premises, withhold rent or make repairs. This article examines the enforceability of these self-help remedies and, even if valid, other issues the landlord or tenant may consider before exercising the remedy.

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