Resolving A Commercial Lease Dispute: The Basics

Commercial lease disputes come in many different forms. Disputes may relate to payment issues, evictions, CAM calculations, property conditions, surrender obligations, maintenance and repairs, COVID-19 issues, noncompetition, purchase options, hours of operation, bankruptcy and a host of other issues. And that's just the tip of the iceberg.

So what happens if you find yourself in a commercial lease dispute? The correct answer is rarely to jump headfirst into litigation. Disputes can often be resolved by exchanging correspondence that outlines each party's respective legal and factual positions. This correspondence may involve a formal notice of default. In many instances, one party may realize it failed to comply with the lease or took a position inconsistent with the lease. Effective correspondence often requires a detailed review of the lease and any amendments to ensure the best arguments are made and that lease requirements and formalities are followed.