Addressing Commercial Real Estate Landlord/Tenant Disputes in Texas

 Posted on September 19, 2022 in Real Estate Law

For business owners and entrepreneurs, commercial leasing is often the first step in establishing a physical presence for their company. However, what many first-time commercial tenants do not realize is that disputes with their landlord are not uncommon – and can often be quite costly if not handled properly from the outset. If you are currently involved in a commercial landlord/tenant dispute or are simply looking to avoid one in the future, make sure to consider the following.

Take a Proactive Approach to Commercial Lease Agreement

Preventing disputes between landlords and tenants is always preferred to dealing with these issues once they have already arisen. There is no way to completely eliminate the risk of landlord/tenant disputes. However, proper preparation can dramatically mitigate the risk of future disagreements and legal disputes.

When it comes to commercial lease agreements, the old adage “the devil is in the details” has never been more accurate. For tenants, this means that a thorough review of your lease agreement – with the assistance of an experienced real estate attorney – is essential prior to signing on the dotted line.

During this review process, some of the key issues that you will want to keep an eye out for include:

• The use of “abstract” or overly broad language that could be interpreted in multiple ways
• Hidden fees or expenses that are not clearly stated in the agreement
• Lack of clarity regarding responsibility for maintaining and repairing the property
• Inadequate protections in the event that the landlord defaults on their obligations
• Insufficient information about contract termination

By taking a proactive approach to review and understand the terms of your commercial lease agreement, you can help avoid many of the common disputes that arise between landlords and tenants. 

How to Handle a Dispute Involving Commercial Real Estate

Disputes involving landlords and tenants regarding commercial lease agreements often include disputes over rent payments, property maintenance and repairs, assignment provisions, or lease renewal options.

If you find yourself embroiled in a commercial landlord/tenant dispute, it is important to take quick and decisive action in order to protect your legal rights and interests. Depending on the specific circumstances surrounding your case, you may be able to discuss the dispute and reach an agreement without resorting to litigation. Sometimes, however, the best course of action is to file a lawsuit. Once a lawsuit is filed, the parties' respective attorneys may be able to negotiate a settlement and avoid a trial. 

Contact a Hood County Real Estate Lawyer 

Our Tarrant County real estate attorneys provide legal guidance and representation regarding landlord and tenant disputes. Call Cain & Kiel Law at 817-645-1717 for a confidential consultation. 

Source:

https://www.investopedia.com/terms/c/commercialrealestate.asp