Commercial Lease Disputes and Other Commercial Real Estate Matters

by | Jul 16, 2014 | Real Estate Law

Common Commercial Real Estate Matters

The market for commercial real estate in Florida has been a dynamic one over the years. Commercial real estate covers any property used to generate revenue through rental income from office, retail, industrial, service, and hotel users. A wide range of commercial properties fall under this umbrella term, including office buildings, educational buildings, medical office buildings, industrial properties, resort and/or hospitality properties, and other forms of nonresidential real estate.

Common legal problems parties within the commercial real estate industry may face include breach of fiduciary duty, commercial lease disputes, purchase and sale agreement disputes, real estate covenant disputes, easement disputes, lien disputes, evictions, commercial lease disputes and more. The Law Offices of Peter M. Feaman, P.A. has experienced attorneys ready to address all your commercial real estate and development matters.

Considering Commercial Lease Disputes

For many a business operation, commercial leases tend to be a foundation for the business, as some companies can make more of a profit by renting rather than purchasing a business space. In such instances, business companies tend to enter into lease agreements with a property owner for the use of the commercial space. Commercial leases are important documents, as they lay out the rules and obligations of both parties surrounding the leased commercial space. Some common commercial lease disputes involve (but are not limited to) the following issues:

1)      Terms of the lease. Lease terms specify the allowed uses for the property, as well as who can use the property. Lease terms also specify when rent payments are due and the penalties, if any, if the payments are not made in a timely manner.

2)      Duty to repair. There may be disputes as to who has an obligation to make or cover the cost of repairs or maintenance matters for the property.

3)      Termination. There may be disputes as to when a party can cancel or terminate an agreement, and as to the consequences if a party terminates an agreement early.

4)      Subleasing. There may also be disputes over whether or not a party can sublease or assign their lease to a third party.

Also Read:

Resolving any commercial lease disputes revolves around review of relevant laws (i.e. real estate, contract law, business laws, etc.), communication between the business parties, and of course a review of the terms and provisions agreed upon within the governing lease. Remedies for commercial lease disputes can range from monetary compensation (i.e. if a property owner is owed rent), to injunction for a specific action (i.e. to require action by a party if a building safety code is not being upheld), and even monetary damages for economic losses suffered by the non-breaching party.

Do you need an experienced business attorney to assist you in your commercial property matters?

Whether you’re a property owner, commercial or residential landlord, commercial tenant, builder, lender, broker, or contractor, contact the business law attorneys at the Law Offices of Peter M. Feaman, P.A., serving in Boynton Beach, Miami,  West Palm Beach, Boca Raton, Delray Beach, Lake Worth and all of South Florida, are here to assist you with all your real estate or property matters. Commercial property disputes and the laws surround them can be quite complex and our experienced attorneys are here to give you the legal advice and representation you need.


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