Exercising the Distress Remedy? Waive Goodbye to Your Right to Terminate!

If a tenant fails to pay rent, the landlord has a decision to make: whether to terminate the lease and sue for the unpaid rent and for future rent, or to continue the tenancy and distrain on the tenant's goods.

Most commercial leases contain a clause which states that the landlords' remedies under the lease are cumulative, and that no remedy is exclusive or dependent on any other remedy. Since termination and distress are both powerful self-help remedies, why not use both?

Read the full article here: Exercising the Distress Remedy - Waive Goodbye to Your Right to Terminate- September 12-2014