What options does a tenant who has broken a commercial lease have to avoid a default judgment?
My family owns commercial real estate that has been leased for the past 14 years by a buying prescription drugs online major restaurant chain. They have defaulted by not paying their monthly lease payment. We need to decide to either accept a buy out of the lease or go to court. The prospects or getting a new tenant now are slim, therefore we are leaning toward enforcing the current lease. But if we go to court, and win a judgment, can the tenant avoid payment anyway? If so, how? This chain no doubt has in-house attorneys so I am thinking they will use stall tactics etc. But our attorneys have reviewed the lease and say there is no wiggle room to get out it. The chain simply stopped payment on a check without prior notice or anything.
