Commercial Lease Disputes in Orange County
Are you seeking to evict a commercial tenant that is failing to make their rental payments? Are you trying to get your landlord to perform services they promised they would perform? Do you wish to get out of your lease early? Leasing, as opposed to purchasing, property is a great way for businesses to save costs and enhance profits, but it comes with its own unique set of difficulties. The business litigation attorneys at Brown & Charbonneau, LLP can help.
Our Attorneys Resolve and Win Commercial Lease Disputes
Commercial leases are complex. They can have significant financial impacts on a business. At Brown & Charbonneau, our attorneys represent both landlords and tenants in commercial lease disputes. We are experienced in enforcing the terms of a lease and defending claims. The most common example is the failure to pay rent When lease disputes cannot be resolved informally, our attorneys are proven winners in trial. As Board Certified Trial Specialists and members of the American Board of Trial Advocates, few can match our trial experience!
Commercial Lease Litigation
Even the most well-thought-out commercial leases can run into snags. In that case, litigation may be the only way to solve a dispute. Typically, commercial lease litigation arises from breach of contract claims, interpretation of commercial lease terms and changes in conditions and circumstances that effect business. Litigating commercial disputes can be extremely complex. Many “transactional” attorneys do not have the proper experience to litigate these matters. At Brown & Charbonneau, we frequently represent clients at the highest levels of court with great success. If you have a concern that may lead to litigation, it is in your best interest to speak with an attorney. Our experienced business and trial attorneys can help you through even the most complex lease disputes.
How are Commercial Lease Cases Resolved?
As a lease is a type of contract, the provisions of the commercial lease will typically detail the rights and obligations of each party. As such, courts primarily look to the lease to determine whether a breach has occurred and what the remedies should be. For example, if you are a lessee who would like your lessor to repair or maintain the commercial property, the success of your case will hinge on whether this was provided for in the lease contract. For this reason, it is imperative to carefully read and understand the terms of your commercial lease, and have a skillful attorney help negotiate the best terms possible for you.
Can Commercial Leases be Terminated Before Their Terms are Over?
Commercial lease contracts are typically set to last for a fixed number of years, but sometimes tenants wish to leave the property before the term expires because their business fails unexpectantly or for some other reason. Generally, a tenant cannot terminate their lease early without being exposed to liability unless the lease contract specifically permits early termination. If your lease contract does not have an early termination clause but you still wish to be free of your commercial lease, one option is to transfer your interest in the leased property through a sublease or assignment. Tenants generally have the right to sublease or assign their commercial leases, even if the lease contract is silent on the issue, but may not do so if the contract explicitly forbids subleases or assignments.
What Remedies are Available for in Commercial Lease Disputes?
In the event that a party breaches a commercial lease and no provision of the contract protects them, the breaching party will be liable for damages. These damages are typically stipulated in the lease contract by liquidated damage clauses or acceleration clauses. Liquidated damages are fixed sums of money that the parties contractually agreed would be damages for a breach. Accelerated damages are used in cases where a tenant fails to pay rent or terminates their lease early, and equates to the remaining amount of rent due on the full lease at the time of breach. Breaching parties are also often liable for the attorney’s fees of the opposing party.
Preventing Disputes in the First Place
It is important that office, retail and industrial leases are drafted properly by experienced business law attorneys. Prior to negotiating and drafting commercial leases, you want to make sure your interests are adequately protected. You must ensure that any leases or documents you sign are drafted properly and clearly state all the terms of the agreement.
Seeking Legal Help
Whether you are the lessor or lessee of a commercial lease, Brown & Charbonneau, LLP can provide you with the legal representation you need to protect your financial interests. Call today to speak with a member of our legal team at (866) 237-8129 or e-mail email@example.com for more information.