Commercial Landlord-Tenant Disputes Attorney in Fort Worth, Texas
For various reasons, commercial leasing is far more complicated than residential leasing. Commercial leases tend to bind the parties for a much longer time, making it all the more important that the lease terms are workable for both parties.
Having a well-prepared commercial lease reduces the likelihood of landlord-tenant litigation. The terms of the lease spell out the roles and responsibilities of both parties. However, it is not a guarantee that no contract dispute will ever arise. If you are a property owner who is facing commercial landlord-tenant issues, a credible Texas real estate attorney can help you through the legal process of settling your disputes.
Why Do I Need a Commercial Landlord-Tenant Dispute Lawyer in Texas?
Despite having the best of intentions and a desire to maintain good relations, disputes between commercial landlords and tenants are sometimes unavoidable. These disputes can carry high stakes such as large amounts of rent throughout a lease and significant property damage or repair costs. Therefore, it is important to have a reliable Fort Worth commercial landlord-tenant disputes attorney by your side to resolve disagreements as quickly and cost-effectively as possible.
At Girling Law PLLC, we provide strong legal representation in business and commercial disputes in the Dallas Fort Worth area and throughout Texas. We take a strategic and cost-effective approach to representing clients who are involved in commercial landlord-tenant disputes and other real estate issues. With a thorough analysis of the facts and a knowledgeable application of the Texas commercial real estate law, we can anticipate how either party may argue their case and craft our legal strategy around these well-informed assumptions.
What are the Common Causes of Commercial Landlord-Tenant Disputes?
Disputes between commercial landlords and tenants can involve many different issues. From the landlord’s perspective, disputes arise when a tenant wrongfully fails to honor the terms of the commercial lease.
Several contested issues commonly arise in a commercial lease setting. When such issues arise, it is in your best interest to seek legal advice from a skilled Fort Worth TX commercial landlord-tenant disputes lawyer right away.
Common Area Maintenance Charges
Most commercial leases require tenants to pay the base rent as well as their share of the Common Area Maintenance (CAM) charges, insurance, and property taxes. CAM charges are fees paid by tenants to landlords to help cover costs associated with overhead and operating expenses for common areas. Common areas are spaces used for or benefited by all tenants such as hallways, elevators, parking lots, lobbies, public bathrooms, and building security.
In these situations, problems arise when the charges increase drastically. If the charges are complicated to compute and understand, it is advisable to request itemized statements showing all the CAM charges and diligently monitor the charges.
Repair and Maintenance
While commercial property maintenance and repairs are negotiable, the landlord is usually responsible for maintaining the exterior and structural portions of the leased premises. The commercial tenant is responsible for maintaining everything else. However, in some cases, parties are in dispute with regards to “who” caused the problem. It’s not uncommon for tenants to dispute that the problem in their part of the building was caused by poor exterior maintenance or inadequate repairs.
To avoid such disagreements, it is crucial to ensure detailed discussions and disclosures are made before signing the lease as to who maintains what part of the leased premises. However, all resolved issues between both parties should be documented and if necessary, the lease should be amended to reflect the revised agreement.
Withholding Rent
Generally, tenants should not withhold rent and risk eviction. However, many tenants tend to withhold rent when a property owner refuses to comply with the lease. If tenants have a genuine good faith dispute as to any charges, they can deposit the withheld rent in an escrow account until the repairs are accomplished and the terms of the lease are fulfilled. If you’re facing disputes with your tenant regarding rent payments, seek legal advice from a qualified Fort Worth landlord lawyer who can help you fight for your rights.
Options to Renew Lease
The majority of renters want to “feel out” the location for a few years before deciding whether to extend their lease for several more years if their businesses are successful. Most leases require tenants to give landlords a written notice to exercise their options to renew.
Many commercial tenants fail to give this notification within the required time frame or do not send it in the manner specified by the lease. While it might not be a major concern for tenants, it can become a landlord’s weapon if they fail to strictly follow the process.
Assignment of the Lease
The assignment of the lease provides the leaseholder the ability to transfer the still active lease to another party. This may be necessary when a commercial lease is still active and the business is no longer viable. It is useful when someone wants to rent a commercial property that another is leasing and the current leaseholder cannot continue to support himself or herself on the property.
There are often different requirements necessary depending on the type of lease in effect, and these must be satisfied before the transfer may be accomplished. In the case of an assignment of lease, a direct relationship is established between the new tenant and the landlord, as the landlord collects rent directly from the new tenant after the latter assumes the lease.
Call Our Seasoned Fort Worth Commercial Landlord-Tenant Disputes Attorney Now!
Conflicts between commercial landlords and tenants can arise for several reasons. It could be as simple as a misinterpretation of the lease terms to an actual breach. Disputes over commercial real estate can be financially devastating if not handled promptly and properly. Getting the right legal help is crucial.
If the disagreement cannot be resolved through negotiation, an experienced Fort Worth commercial landlord-tenant disputes attorney at Girling Law PLLC can help in litigating commercial real estate disputes. Our landlord law firm has extensive experience in handling complex legal scenarios involving commercial landlord-tenant disputes and other real estate matters. We pursue quick and efficient resolutions with our client’s interests in mind. Whenever possible, we find creative solutions that will be beneficial to both parties. We work diligently to make sure your interests are protected and your liability is minimized.
Contact us now and schedule an initial consultation to learn more about your legal options.