Commercial Lease disputes and the best ways out of them
Updated: May 18, 2022
A commercial lease dispute is part of a very broad category of property disputes that may arise between a landlord and tenant.
Disputes may arise from the very early stages of negotiation of the lease, during the term - or even upon termination of the leasing period. It is important to identify in an early stage what solutions could be provided, and how to go about using the tools and solutions we have at hand. When you assess the risks, it is vital to verify the amount of time it is likely to take to reach a resolution and how much energy and the costs.
A commercial lease is not like a residential lease
A commercial lease is very different compared to other types of property lease agreements, such as residential leases and the like. Commercial lease agreements tend to be much longer than residential leases. They involve a higher cost of rent payments, and you know what happens when more money is involved. Commercial leases can often be valued at hundreds of thousands of dollars, and in many cases, even top the millions and more.
The risks are high for both sides.
The list of leasing disputes is long
There are countless types of leasing disputes that both sides can disagree on. Lease disputes can be a result of a misinterpretation of the lease terms, or disagreement because of a specific clause that is breached - or misunderstood. Whichever the case, even if both parties have been reasonable and fair to each other in the establishment of their agreement, disputes may still arise between a landlord and a tenant.
The list of leasing disputed is long
Some of the leasing disputes include, and are not limited to, extending and renewal of the premises, attempts to alter or break a clause, increased or disputes over service charges, alterations in using premises, uncomplying with tenants vs. landlords obligations, especially when it comes to repairs in the premises, rent-pay, sub-letting, and the list goes on.
Leasing disputes are very technical, and if not dealt right - it may be risky for any of the sides, tenant and landlord. Looking to resolve your disputes with an attorney like David Ghavitian Avocat’s firm, can help you identify the risks in a very early stage. We will conduct a preliminary risk analysis and plan our steps accordingly. This can be the difference between losing time, energy, paying high costs or reach a quick resolution.
Other disputes that may arise are lease terms, early lease termination, lease deposits etc.
Reaching a Resolution
Finding a resolution to disputes is not an easy task. There needs to be an understanding of how to deal with the law and the existing agreement between the parties. This is why the best way to reach a resolution is by working with an expert attorney in the field.
When finding a resolution, we usually use and refer to the lease contract as the legal document. We will aim to find a compromise between both parties, by considering their interests first. This is why we will most of the time choose to mediate since your time in court should be avoided and occur only as a last resort. Mediation also helps to settle disputes as quickly and least difficult as possible.
David Ghavitian Avocat can help
David Ghavitian Avocat’s firm specializes in providing expert commercial advice on your rights in connection with all types of commercial lease disputes. Depending on your objectives and the circumstances of the current dispute, we can enforce a certain remedy, engage to reach a settlement between the parties, negotiate or commence court proceedings.
We will achieve the right solution for you so that you can concentrate on your business.