Resolving Commercial Landlord-Tenant Disputes
Whether you are a landlord or a tenant, a landlord-tenant dispute can disrupt your business operations and impact your bottom line. For over 30 years, Chung & Reynolds, P.C., has provided legal guidance to the Irvine community, helping businesses resolve challenging situations and disputes. We are committed to protecting your interests and helping you resolve your conflicts as efficiently as possible.
Common Disputes Between Commercial Landlords And Tenants
Disputes between commercial landlords and tenants can take many forms. These disputes can include:
- Nonpayment of rent: When a tenant fails to pay their rent on time, it can be a frequent source of contention.
- Lease breaches: Disputes arise when either party violates the terms of the lease, such as unauthorized alterations to the property or failure to maintain insurance coverage.
- Maintenance responsibilities: Disagreements often occur over who is responsible for maintaining different aspects of the property, including repairs, landscaping and utilities, as defined in the property maintenance responsibilities outlined in the lease.
- Property modifications: Conflicts can emerge when a tenant makes alterations to the property without the landlord’s consent, or when a landlord unreasonably withholds approval for necessary modifications.
- Common Area Maintenance (CAM) charges disputes: Landlords and tenants sometimes disagree on the common area maintenance fees that the tenant is required to pay.
- Lease renewal conflicts: When a lease nears its expiration, landlords and tenants may have conflicts over the terms of a lease renewal, including rental rates and lease duration.
- Triple net lease disputes: These disputes arise from disagreements over the tenant’s responsibilities for property taxes, insurance and maintenance in addition to rent.
- Lease assignment disputes: Landlords and tenants may disagree over the tenant’s right to assign the lease to another party.
Generally, disagreements can easily arise when the terms of the lease aren’t clear. A commercial real estate attorney can review your lease agreement before you sign and help you identify unclear language or potential disputes. Even with careful drafting, conflicts can still develop. When they do, an experienced commercial litigator can help you negotiate a resolution. Whenever possible, our real estate attorneys can represent your interests in mediation or arbitration. If your case cannot be resolved, our litigators are prepared to take your case to trial if necessary.
Understanding The Commercial Eviction Process
A commercial unlawful detainer in California generally begins with a three-day notice to the tenant to pay rent or quit the premises. If the tenant fails to comply, the landlord can file an unlawful detainer lawsuit. The tenant has a limited time to respond, and the case can proceed to trial if the tenant contests the eviction. An experienced commercial eviction attorney can advocate for your rights and interests in lease termination proceedings.
Can A Commercial Landlord Lock Out A Tenant For Nonpayment Of Rent?
California law permits a commercial landlord to lock out a tenant for nonpayment of rent, but only if the landlord follows the proper legal procedures. Typically, this involves serving a three-day notice to pay rent or quit, and then initiating an unlawful detainer lawsuit if the tenant fails to comply. If the landlord wins the lawsuit, they can obtain a writ of possession from the court, which allows them to legally lock out the tenant. A landlord who locks out a tenant without following these procedures may be liable for damages. We can assist with issues such as commercial property liens, specific performance remedies, breach of commercial lease, estoppel certificates and subordination agreements.
Schedule A Consultation With A Real Estate Attorney
At Chung & Reynolds, P.C., our real estate attorneys offer initial consultation appointments to discuss your commercial landlord-tenant dispute. Whether you are dealing with lease agreement violations or complex commercial property disputes, we can advocate on your behalf and help you are here to help you protect your interests and achieve a favorable resolution. Schedule an appointment today by calling 949-345-1621 or by sending an inquiry through our website.