Background - Practices (Details)

Disputes With Landlords

CONTACTS +

Crowell & Moring represents retail clients in all stages of disputes with landlords, from obtaining the information necessary for an audit to pursuing a lawsuit against the landlord. We have recovered over $300 million in value for clients in negotiations and litigation against landlords related to lease claims, including reduction in minimum rent, percentage rent, and additional rent charges (e.g., common area maintenance, marketing fund and management fees).

We have pursued pre-litigation and litigation claims throughout the country against dozens of landlords, ranging from Simon Property Group, Inc., and Westfield Group, to owners of strip centers and warehouse properties.

We work closely with in-house and outside auditors during the course of audits to determine overcharges by landlords, and represent clients in settlement meetings, mediations, and arbitrations with landlords.

Representative Engagements

  • Resolved multiple lease disputes on summary judgment, entitling our retail clients to millions of dollars for back rent, rent abatement, prejudgment interest and costs.
  • Represented a retailer in unlawful detainer litigation initiated by landlords across the country.
  • Reviewed leases and counseled clients regarding possible claims against landlords, including overcharges for minimum rent, percentage rent, common area maintenance (CAM), real estate taxes, marketing fund, merchants' association, media fund, utilities, insurance, trash, and sprinklering.