RIGHTS OF LANDLORD UPON DEFAULT BY TENANT Sample Clauses
The "Rights of Landlord Upon Default by Tenant" clause defines the actions a landlord is entitled to take if the tenant fails to meet their obligations under the lease, such as not paying rent or violating other terms. Typically, this clause outlines remedies available to the landlord, which may include terminating the lease, reclaiming possession of the property, or seeking damages for losses incurred. Its core function is to protect the landlord's interests by providing clear recourse in the event of tenant default, thereby ensuring the landlord can address breaches efficiently and maintain control over their property.
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. If an event of default as provided in Section 34 occurs, then LANDLORD, in addition to all rights and remedies granted under the laws of the State of Alabama, as stated on the FACE PAGE, shall have any and all of the following rights: To re-enter and remove all persons and property from the Demised Premises, and such property may be removed and stored in a public warehouse, sidewalk or elsewhere at the cost of and for the account and sole risk of TENANT, all without service of notice or resort to legal process and without LANDLORD or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, TENANT hereby absolutely waiving all claims for damages related, directly or indirectly, to any of the same; and To terminate the Lease and re-let the Demised Premises for the account of the LANDLORD or within the sole discretion of LANDLORD the Demised Premises may be re-let for the account of the TENANT; and, If any part or portion of the base rent, additional rent or payments agreed to be treated as rent shall remain due and unpaid for five (5) days next after the same shall become due and payable, LANDLORD shall have the option of declaring the balance of the entire unpaid rent for the entire rental term of this Lease to be accelerated and to be immediately due and payable, and LANDLORD may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise; and LANDLORD may terminate this Lease, without waiving TENANT’S obligation for all such accelerated rent should TENANT fail then to pay the balance of the entire rent for the entire rental term. For purposes of this paragraph, said balance means the entire base annual rent and additional rent for the balance of the term of this Lease plus, for each remaining year of the term of this Lease, and pro rata for any part of a year. TENANT agrees to pay all costs, whether or not otherwise considered “court costs”, and expenses of collection and reasonable attorney’s fees on any part of rent or sums agreed to be treated as rent that may be collected by an attorney, suit, distress, or foreclosure; and, further, in the event that TENANT fails promptly and fully to perform and comply with each and every term, provision, covenant, agreement, undertaking, or condition under this Lease or upon the occurrence of an event of default, and the matter is turned over to LANDLORD’S attorney(s), TENANT shall pay LANDLORD’S reasonable ...
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. A. If there is an event of default as provided in sub-paragraphs A to F of Paragraph 10.01 and if the same is not cured by the Tenant within ten (10) days after receipt of written notice to the Tenant, or five (5) days in the case of monetary default, or if the Tenant is in default pursuant to the provisions of subparagraph G of Paragraph 10.01, or if any two (2) events of default as defined in Paragraph 10.01 occur during any twelve (12) consecutive month period, whether or not cured, then the Landlord in addition to all rights and remedies granted under the laws of the State of Florida shall have any or all of the following rights:
1. To retake possession of the Demised Premises and without initially reletting the Demised Premises, ▇▇▇ for the present value of the Rent (as defined below) to accrue under this Lease and other damages and other remedies to which Landlord may be entitled.
2. To retake possession of the Demised Premises, relet the Demised Premises and ▇▇▇ for damages. During the period of time that Landlord is trying to relet the Demised Premises, the Tenant will be liable for the full rental obligations, including without limitation, all Rent (as defined below).
3. To require the specific performance of, or enjoin the breach of, the non-monetary covenants of the Tenant contained in this Lease.
B. The Landlord may ▇▇▇ from month to month for the damages which accrue in accordance with Paragraph 10.02 A. or may ▇▇▇ for the present value of the total damages which will be the measure of damages set forth in subparagraph C of this Paragraph 10.
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. If the Tenant is in default as set forth above, then the Landlord, in addition to all of the rights and remedies granted under the laws of the State of Florida, shall have any or all of the following rights:
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. A. IF TENANT IS IN DEFAULT UNDER ANY TERMS OF THIS LEASE AND IF SAME IS NOT CURED BY TENANT WITHIN TWO (2) DAYS AFTER WRITTEN NOTICE TO TENANT, THEN LANDLORD, IN ADDITION TO ALL RIGHTS AND REMEDIES GRANTED UNDER THE LAWS OF THE STATE OF FLORIDA, SHALL HAVE ANY OR ALL OF THE FOLLOWING RIGHTS:
(I) TO RE-ENTER AND REMOVE ALL PERSONS AND PROPERTY FROM THE DEMISED PREMISES, AND SUCH PROPERTY MAY BE REMOVED AND STORED IN A PUBLIC WAREHOUSE OR ELSEWHERE AT THE COST OF AND FOR THE ACCOUNT OF TENANT, ALL WITHOUT SERVICE OF NOTICE OR RESORT TO LEGAL PROCESS AND WITHOUT BEING DEEMED GUILTY OF TRESPASS, OR BECOMING LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE OCCASIONED THEREBY.
(II) TERMINATE THIS LEASE AND ELECT TO DECLARE THE ENTIRE MINIMUM RENT FOR THE BALANCE OF THE TERM DUE AND PAYABLE FORTHWITH. IN ADDITION THERETO, THERE SHALL BE DUE AND PAYABLE FOR EACH REMAINING YEAR OF THE TERM OF THIS LEASE.
(III) TERMINATE THIS LEASE AND RELET THE DEMISED PREMISES FOR THE ACCOUNT OF THE LANDLORD OR WITHIN THE SOLE, DISCRETION OF THE LANDLORD THE DEMISED PREMISES MAY BE RELET FOR THE ACCOUNT OF TENANT.
B. IN CASE SUIT SHALL BE BROUGHT BY LANDLORD FOR THE RECOVERY OF RENT OR BECAUSE OF THE BREACH OF ANY COVENANT BY TENANT, AND IF LANDLORD IS SUCCESSFUL IN SUCH LITIGATION, THEN TENANT SHALL PAY ALL COSTS OF SAID LITIGATION, INCLUDING A REASONABLE ATTORNEY'S FEE. IN THE EVENT THAT ANY SUIT SHALL BE FILED BY EITHER LANDLORD OR TENANT INVOLVING THIS LEASE OR ANY OTHER ASPECT OF THE TENANCY, THEN THE PREVAILING PARTY IN SUCH LITIGATION SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY'S FEES AND COSTS OF SUCH LITIGATION.
C. THE PARTIES HERETO SHALL AND THEY HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE DEMISED PREMISES AND/OR ANY CLAIM OR INJURY OR DAMAGE. IN THE EVENT LANDLORD COMMENCES ANY PROCEEDINGS FOR NONPAYMENT OF RENT, MINIMUM RENT, PERCENTAGE RENT OR ADDITIONAL RENT, TENANT WILL NOT INTERPOSE ANY COUNTERCLAIM OF WHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDINGS. THIS SHALL NOT, HOWEVER, BE CONSTRUED AS A WAIVER OF THE TENANT'S RIGHT TO ASSERT SUCH CLAIMS IN ANY SEPARATE ACTION OR ACTIONS BROUGHT BY TENANT.
D. TENANT HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS OF REDEMPTION GRANTED BY OR UNDER ANY PRESENT OR FUTURE LAWS IN THE EVENT O...
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT
RIGHTS OF LANDLORD UPON DEFAULT BY TENANT