Commercial Real Estate Lease Disputes: Key Issues for Landlords and Tenants
By Dion Macbeth, California attorney
Commercial lease disputes can affect a company's ability to operate and a property owner's income stream. The lease itself is the starting point, but the parties' course of dealing and the condition of the premises can be equally important.
The lease controls more than rent
Review operating expenses, maintenance duties, insurance, repair obligations, construction allowances, signage, permitted use, assignment rights, default notices, remedies, and attorneys' fees. Exhibits and side letters can change the practical meaning of the main lease.
A party that skips a notice or cure procedure may weaken an otherwise strong position. Before withholding rent, locking out a tenant, or terminating a lease, obtain advice on the contract and applicable law.
Document the problem in real time
Keep dated photographs, inspection reports, work orders, invoices, payment histories, notices, and communications. For habitability, water intrusion, construction, or access issues, a clear record of notice and opportunity to cure can be decisive.
Resolution can preserve value
Early negotiation or mediation may protect a valuable tenancy and avoid disruption. When emergency relief, possession, rent recovery, or a complex construction claim is involved, litigation counsel can help align the legal strategy with the property's financial goals.
Common Questions
Further Detail
Commercial lease remedies usually depend on the lease's notice and cure terms as well as applicable law. Immediate action without reviewing those requirements can create additional risk.
Document the condition, notify the landlord through the required channels, and review the lease before withholding rent, making repairs, or seeking termination.
Legal Guidance
Discuss This Matter With Harrington Wells
Contact Harrington Wells to request an initial review. The firm will determine whether the matter falls within its current scope and capacity.
Related practiceReal EstateRequest ConsultationThe information provided does not constitute legal advice and does not create an attorney-client relationship.