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Public Procurement, Real Estate, Project Finance and Construction, North America

Your Lease Gives You a Security Interest in the Tenant’s Property. Is That Enough?

Commercial leases often grant the landlord a security interest in the tenant’s furniture, equipment, inventory, trade fixtures, and other personal property at the premises. A common, but consequential, misconception is that such language alone gives the landlord a perfected lien and an immediate, superior right to take the property after a tenant default.

Author:

C. Knox Withers