The intricate terms of commercial leases can be complicated, with highly specific provisions about every aspect of build-out, usage, maintenance, breach and dispute resolution. However, even the most well drafted leases can give rise to disputes.
We represent landlords and tenants in commercial lease disputes in Virginia, Maryland and DC as well as in other jurisdictions throughout the country. We are known for preparing for trial from day one. Our detail-oriented attorneys scour the lease to understand its terms and where the language may be ambiguous or unclear. We consider how the opposing party’s actions and those of our client conform or deviate with the leasehold agreement. We then form a strong litigation strategy and pursue every available remedy. Our trial-ready approach often compels the opposing party to settle the claim in a manner that is beneficial to our client. If not, we go to trial.
Contractual Terms of a Lease
The lease forms an important backbone of an ongoing relationship. The landlord provides use of its property in exchange for rent. Leases generally include standard clauses, such as right of the tenant to quiet enjoyment or guarantee that the property does not contain radon or other toxins. Leases also contain more specific provisions that differ depending upon the nature of the property and intended use.
For example, a retail tenant may have certain needs regarding deliveries and access by the public. A restaurant may require a license to serve alcohol and construct a venting unit. An industrial factory must comply with environmental and zoning standards.
The parties obligate themselves to perform and enjoy their own unique rights under the terms of their specific lease. Because lease terms vary so widely, each case gives rise to distinct issues and potential disputes. Our lawyers have extensive experience interpreting leases and fighting for our client’s rights under the terms of their contract.
Tenants’ Rights Under a Commercial Lease
A commercial tenant is entitled to certain rights once it signs the lease or takes possession of the property. A number of remedies are available to the tenant if the landlord fails to abide by the terms of the lease. For example, if the landlord does not meet its maintenance and repair obligations established in the lease, the tenant might demand the necessary repairs be made. The tenant might also might make repairs on its own and bill the landlord. Remedies available to the tenant include specific performance that mandates the landlord’s actions, injunctive relieve that prohibits certain actions and monetary damages related to the landlord’s breach of the leasehold agreement.
Landlord Remedies for Commercial Lease Disputes
The appropriate remedies when a tenant breaches a lease are case-dependent. We pursue some form of monetary damages in almost every case, which might include back rent, interest on unpaid rents, late fees, collection costs, attorney’s fees, repairs to damaged property and lost profits.
If the tenant has failed to pay rent or has engaged in activities that put the property at risk, we may pursue eviction. We may also pursue injunctive relief to stop the tenant from causing further harm.
Learn More About Resolving a Commercial Lease Dispute
Disputes between commercial tenants and landlords can be challenging to navigate and resolve. Contact an Alexandria commercial litigation lawyer at Harvey & Binnall, PLLC to learn about your options for resolving a commercial lease dispute in Virginia, Maryland or DC.