Commercial Lease Dispute
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Commercial Lease Disputes in California

Irvine Commercial Lease Dispute Lawyers

A commercial lease dispute typically involves a disagreement in interpretation of the contract terms between landlord and tenant. Most commercial leases are thorough and detailed. However, disputes can arise in many different instances, including: interpreting the language of the lease contract, defining the parties’ duties under the lease, addressing issues outside the lease provisions, and/or defining responsibilities of a new owner. Any of these, and many other, disagreements between landlord and tenant can give rise to commercial lease disputes and even litigation.

Commercial Lease Contract Terms

If every possible scenario was covered by the commercial lease contract between landlord and tenant, there would be very few commercial lease disputes. In the real world, however, it is not possible for a commercial lease contract to cover absolutely everything (although many try). Many terms are easily addressed, such as:

  • Term of the lease
  • Amount of the rent
  • What type of business can be operated
  • Who is responsible for repairs
  • Deposit
  • Termination
  • Renewal of lease
  • Subleasing

However, even within each category above, it is common for disputes to arise. For example, renewal of the lease can be a very specific procedure, which can lead to controversy as to whether a renewal was effectuated properly. The amount of rent seems easy enough to define, but many commercial leases use complex formulas based on the business’ financial statements and profits to determine exact rent amount, and disputes can arise…and these are the straightforward issues.

Many other issues, which are outside the scope of the commercial lease, can give rise to even more confusing disputes. In any event, it is always important to have a commercial lease attorney representing your interests throughout any dispute or litigation and at the earliest stage possible. For early intervention in your commercial lease dispute in Irvine, call McFarlin LLP.

Whenever possible, we accommodate same-say appointments, and we always offer a free evaluation and analysis of your case. Call us at (949) 570-5025 or send us an online message form to get started now.

Commercial Lease Litigation

In commercial lease matters, the stakes are always high. A loss of even one month of rent can be significant for a landlord, and the cost of repairing a commercial building can run into the hundreds of thousands of dollars for even routine work. For tenants, many spend significant amounts of money constructing their business operations just how they want them, relying on their ability to stay at that location for the long term, or renew their lease down the road. For these reasons any commercial lease dispute between landlord and tenant can be significant, not only in terms of costs but also in terms of business impact.

Impact of Foreclosure on Commercial Leases

Recently, we have seen a tremendous increase in commercial lease litigation relating to a building being sold, transferred, or foreclosed. Tenants who have invested tremendous amounts of money in a particular building or location are faced with a new owner seeking to evict them and wrongfully void their lease.

From a landlord’s perspective, being locked into a long-term lease under market value can negatively impact not only the value of the property, but also the ability to get financing for needed repairs and maintenance. Oftentimes in a foreclosure purchase scenario, there isn’t even any way to know what the terms and nature of leases are before purchase. Accordingly, this scenario frequently gives rise to disputes and litigation.

McFarlin LLP is one of the most well-regarded foreclosure defense law firms in all of California. If you’re currently facing the threat of foreclosure, we encourage you to contact us quickly. We are here to help protect your home.

Handling Complex Commercial Lease Cases in Irvine & Orange County

McFarlin LLP is uniquely qualified to handle commercial lease litigation matters, as our attorneys have backgrounds in business litigation as well as real estate and foreclosure law. In many instances, contract law will govern the dispute; however, if a term is not specified satisfactorily in the lease, real estate law takes over. Our Irvine commercial lease attorneys have handled hundreds of similar matters and will find you the best solution for moving forward.

We offer a free case analysis and evaluation so you can be 100% comfortable before engaging our firm. To schedule a no-obligation appointment, contact us via our online message form or by dialing (949) 570-5025.

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