Top 3 Causes of Disputes Between Commercial Landlords and Tenants

 Posted on May 15, 2022 in Real Estate

In some ways, renting out commercial real estate can be less complicated than renting out residential units. As a commercial landlord, you probably are not too worried about someone smoking inside your property or throwing loud parties that disturb other tenants. You are less likely to be disturbed by after-hours maintenance requests, and you are not subject to some of the stringent housing code requirements that apply to residential units.

Of course, that does not mean that renting out commercial space is going to be all smooth sailing. There are plenty of reasons that a commercial landlord could face litigation. Disputes between corporate renters and property owners are not uncommon. If you are facing legal threats from your commercial tenant, it is important that you get in contact with an attorney as soon as possible to help resolve your dispute. 

Preventing and Addressing Commercial Real Estate Rental Disputes

If at all possible, an attorney should look over the lease you plan on offering to a prospective tenant. Language in the contract that may seem very clear to you could be misinterpreted or twisted by a tenant. Having an attorney draft your commercial lease is one of the best ways to head off future disputes. Some common problems that lead to legal conflict between commercial landlords and their tenants include: 

• Unclear or missing lease terms - It may not occur to you that you need to specifically state that tenants cannot make major modifications to the structure of the building. This does not mean it will not occur to the tenant to do so anyway. A strong commercial lease should cover just about everything you do or do not want your tenants to do. An experienced attorney who has handled a large number of commercial real estate tenancy disputes will have a better understanding of what lease terms are necessary to protect you. 
• Maintenance - Even if the lease addresses maintenance, it can be difficult to discern whether the landlord or the tenant is responsible for a certain repair. Tenants may sometimes refuse to address repairs themselves, demanding that the landlord cover a repair that should be the tenant’s responsibility. 
• Disputes between tenants - If you rent out more than one commercial unit in the same building or on the same block, there is always a chance that conflict between tenants could break out. One tenant may become disruptive to others. As the landlord, you are likely to have to take action to settle these disputes. 

No matter what the source of the dispute is, it is always best to contact an attorney as soon as you become aware of potential looming legal action.

Call a Texas Commercial Leasing Attorney

Geoff Mayfield, Attorney at Law is experienced in helping commercial landlords resolve disputes with tenants. Our skilled San Antonio commercial leasing lawyers can also draft strong commercial leases that may reduce the chances of legal action in the future. Contact us at 210-535-0870 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.93.htm