Leasing to Non-U.S. Tenants: Protecting Against Default and Ensuring Enforcement

By Ellen Siegel, Esq.

Special considerations need to be addressed when a prospective tenant is not a U.S. business or individual. These considerations are geared to ensuring that the tenant and the guarantor, if any, have sufficient assets within the U.S., and that all jurisdictional and choice-of-law provisions provide sufficient protection to the owner’s ability to litigate disputes within the U.S. and applicable state—and the ability to enforce any subsequent judgment.