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.
Read the full article.