A Business-First Approach To The Practice Of Law

Should you take your commercial lease issue to court?

On Behalf of | Sep 30, 2022 | Real Estate |

If you have an issue with your commercial real estate lease, you may not be sure how to handle the situation. Your first inclination may be to go to your landlord and try to work the situation out.

But sometimes, landlords are quite unwilling to bend. In this case, you may wonder if you should take the matter to court. Is litigation the right answer in your situation?

Taking first steps

Your first step before a full-blown lawsuit should be to negotiate with your landlord to fix the issue. But you should not do this alone. You need to have legal counsel to assist. Never try to approach the situation on your own, especially if the problem involves issues with the lease or lease terms. Let your attorney take the lead on any communications to protect your interests. Going at it alone puts you at risk of messing up a potential lawsuit in the future.

Going to court

If you cannot resolve the issue through negotiations, you may have no choice but to go to court. While it should not be your first move, it can be the best way to resolve some problems. In fact, a lawsuit may be the only way to fix a situation if your landlord is being especially difficult to work with or blatantly not honoring the lease terms.

Keep in mind that litigation is time-consuming and expensive. You may be able to recoup your legal expenses, but you can never get back the time you have to invest. It is beneficial to you and your business to ensure that you have tried other options before you file a lawsuit and go to court.

Founding Partners Damaso W. Saavedra and Allyson D. Goodwin