Emergency Remedies

Emergency Remedies

We discuss emergency remedies in greater detail on our Emergency Business Litigation page. An emergency remedy is a temporary order that can make someone do something or stop someone from doing something, and that can be obtained quickly in an emergency.  For the commercial landlord-tenant relationship, here are some common reasons an emergency remedy might be required:

For the landlord, if the tenant is:

1) Skimming funds, making themselves insolvent, while not paying rent

2) Performing illegal acts on the premises

3) Damaging the premises

4) Not paying taxes, utilities, mortgage, or insurance that they are obligated to pay directly under the terms of the lease

For the tenant, if the landlord is:

1) Failing to keep the premises in repair

2) Using your space

3) Not making mortgage or other payments that they are obligated to pay (e.g., if the landlord’s failure to pay the mortgage threatens foreclosure)

4) Interfering with your legitimate occupancy or use of the property (e.g., blocking your driveway, obscuring your signs, towing your customers’ cars)

Important notes:  emergency remedies are hard to obtain; a lot depends on the terms of the lease and your specific facts.