How Can Landlords and Tenants Address Commercial Lease Disputes?

 Posted on November 10, 2021 in Litigation

Businesses may encounter multiple types of legal disputes, and in some cases, litigation may be required to address these issues. In some cases, these disputes may be related to a commercial lease. A landlord may need to address concerns about the actions taken by a tenant, or a business that leases space may need to take legal action against a landlord to protect its interests. In these cases, landlords and tenants can work with an attorney who is experienced in real estate litigation to determine how to resolve lease-related disputes.

Common Commercial Landlord/Tenant Disputes

Landlords and tenants may need to address multiple concerns related to a commercial lease, including:

• Maintenance and repairs - While the terms of a lease will usually specify who is responsible for paying maintenance costs or performing repairs to a property, disagreements may arise between landlords and tenants regarding what types of maintenance are covered by the lease’s terms, who is responsible for maintenance in common areas of a property, and the extent of repairs that may need to be made to a building’s interior or exterior.

• Property damage - If a landlord believes that a tenant has damaged the property, they may need to take steps to protect their investment and ensure that this issue is corrected. A landlord may seek to require a tenant to repair damaged property, or they may pursue an eviction to prevent any further damage. 

• Lease termination - A tenant may wish to end a lease because they will be going out of business or moving to a new location, or a landlord may look to terminate a lease because they will be selling the property. The parties will need to determine how the early termination of a lease will affect their rights and financial interests.

• Deposits - Upon the termination of a lease, landlords and tenants may disagree over whether a deposit will be returned to the tenant or whether the landlord may keep some or all of the deposit in order to ensure that the property will be returned to its original condition.

• Nonpayment of rent - While a landlord may pursue an eviction or other remedies if a tenant fails to pay rent on time or in full, there are some situations where a tenant may receive relief from their obligations, or they may withhold rent because they believe the landlord has violated the terms of the lease. Landlords and tenants may need to determine whether a lease’s terms, such as a force majeure clause, address situations where a tenant may be unable to pay rent due to circumstances beyond their control, such as natural disasters or public health emergencies.

Contact Our Fort Lauderdale Commercial Lease Dispute Attorneys

If you are a landlord or tenant who needs to address disputes related to a commercial lease, The Elliot Legal Group, P.A. can advise you of your rights and help you determine the best ways to resolve these issues. We will work to help you negotiate a workable settlement when possible, and we can advocate on your behalf if you will need to litigate your disputes in court. Contact our Miami commercial landlord/tenant dispute lawyers by calling 754-332-2101.

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIContentsIndex.html

https://www.lawjournalnewsletters.com/2020/12/01/settling-covid-19-related-commercial-lease-disputes/?slreturn=20211004112531

https://www.jdsupra.com/legalnews/recent-u-s-court-decisions-in-6125511/