January 04, 2017 Article

Tips to Ensure the Acceleration Clause in Your Lease Is Enforceable

The potential fact and legal issues that may crop up in litigation of acceleration clauses make them a challenge for summary judgment and trial

by Karen L. Hart and Saba F. Syed

Litigators representing landlords and tenants face a number of challenges when addressing the enforceability of an acceleration clause in a commercial lease for real property. This article offers a litigator’s perspective on the current state of the law in various jurisdictions with respect to the enforceability of acceleration clauses, damages a landlord may recover under an acceleration clause, and defenses available to a tenant.

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