Protecting Your Business

Managing commercial landlord-tenant disputes

On Behalf of | Nov 23, 2022 | Business Litigation |

It is ubiquitous for landlords and tenants to have disagreements over various issues. If the parties are genuinely unable to resolve those issues, there are steps that you can take. It is important to note that California law can be biased toward the tenants because it presumes that they have less bargaining power. Nonetheless, disagreements are bound to occur; in such cases, it is important to know your options.

There are several options you can take when having significant landlord-tenant issues:

  • Parties should attempt to solve disagreements in a civilized way via conversation or in writing.
  • Suppose the parties are unable to do so. In that case, they have the option of having a third party assist them in facilitating a conversation (for example, a mediator) to attempt to resolve the conflict in a civilized way.
  • Whether there is an agreement or not, it is essential to review the contractual arrangements between the parties; for example, California law states that in commercial landlord-tenant contracts, the promise to pay rent supersedes all other matters in commercial landlord-tenant transactions.
  • A commercial landlord may send an eviction notice for a lease violation if that has happened. It could be anything from not paying rent to harming the property and other reasons. It is important to note that a clause within a contract can be unenforceable.

When it comes to issues between landlords and tenants, the first option is always to try to resolve conflicts between the parties. If that is not possible and attempts from both parties were made to reach a settlement among them, it is recommended that you take further action to ensure that your rights under the lease agreement are protected.