Types of Litigation Disputes that Can Arise from Commercial Lease Agreements

Types of Litigation Disputes that Can Arise from Commercial Lease Agreements

Whenever a business agrees to rent and occupy space in a commercial building, the landlord and the tenant business are entering into a certain set of contractual obligations to each other. For the tenant, the main obligation is that they must timely pay rent. For the landlord, their primary obligation is to provide the commercial space in a way that reflects the lease agreement.

While this seems relatively straightforward and simple, there are many types of litigation disputes that may arise from this situation.

Common Commercial Lease Disputes

One of the most common commercial lease disputes arises when a tenant fails to pay rent or is often delinquent in making these payments. Under these circumstances, a landlord may take legal action to collect the missed rent payments.

In addition to collecting these payments, legal action may also include eviction. If the tenant has a guarantor, the landlord may also pursue action against them directly.

Below are some other common commercial lease disputes:

  • Exclusive use provisions: In some cases, a tenant may negotiate an exclusive use provision within their lease that prohibits competitive businesses from taking space in the same premises. If the landlord breaches these highly negotiated provisions, it can lead to litigation.
  • Maintenance issues: Throughout the course of a lease, some maintenance and repairs may be necessary. However, disputes may arise over which party is responsible for covering these costs or if the services were appropriately delivered, especially when things go wrong within the premises..
  • Termination of the lease: When a landlord or tenant attempts to terminate a lease before its completion, legal action can be pursued, including money damages and injunctions.
  • Unlawful holdover : When a tenant stays on a commercial property beyond the time stated in the lease, or the tenant violates the terms of the lease, the landlord may pursue eviction proceedings.

If you are a landlord or tenant and encounter any of these disputes, it is important to consult with a commercial real estate litigation attorney as soon as possible.

Seek Skilled Legal Counsel for Your Commercial Lease Dispute Today!

At M. Ross & Associates, LLC, our experienced legal team is committed to helping clients navigate the complexities of commercial lease disputes. You can trust our attorneys to secure the best outcome for your situation.

Reach out to our law office today at (201) 897-4942 to set up a consultation with a member of our team to learn more about the services we provide.