While many disputes related to commercial lease agreements can be resolved through negotiation or mediation, there are instances where litigation may become necessary to protect the interests of a party to a particular contract.
For example, litigation may be necessary if a significant breach of lease terms cannot be resolved via negotiation. Under a variety of circumstances, if a tenant violates zoning laws, uses a property for unauthorized purposes or makes unapproved alterations to the premises in question, for example, a landlord may need to seek legal intervention. Similarly, if a landlord fails to provide agreed-upon services, such as maintaining common areas or repairing essential infrastructure, a tenant might pursue litigation in order to seek justice.
When disputes aren’t easily resolved
One of the most common reasons that individuals pursue litigation related to commercial lease breach concerns is unresolved payment disputes. If a tenant fails to pay rent or other agreed-upon expenses, such as maintenance fees or property taxes, their landlord may need to take legal action to recover the owed amounts. While landlords often attempt to resolve these issues through direct communication or by offering payment plans, litigation may become necessary if a tenant refuses to pay, continuously defaults or disputes the amount owed.
In situations where a tenant’s breach of their lease is severe, a landlord may need to pursue eviction. And if a tenant doesn’t leave after being told that they’re being evicted, their landlord will then need to go to court to obtain an order of possession, which will legally compel the tenant to leave.
Especially when disputes concern the right to continue using a property and/or significant money or services owed to one party, they may not be easily resolved. As such, litigation may prove to be the most effective way to empower a wronged party to enforce their rights and seek what they’re rightfully owed.