Here are some tips for resolving lease disputes. Leases are meant to protect both parties and set legal guidelines for tenancy. However, sometimes, disagreements can occur between the tenant and the landlord. Some leases can be complicated, especially those for commercial properties. It is necessary to understand the best way for resolving lease disputes, should they occur. One thing to remember is that you should consider all of your options before you make any decisions or statements regarding your difference of opinion. The first thing to do when a dispute arises is to review your lease.
Review the Lease
The lease is the governing document that covers all of the issues of the rental. Read the lease in detail, because it often indicates the answer to the problem. Sometimes, the lease is unclear or completely silent on certain issues. When this is the case, both parties may interpret the lease in their own favor. Before the situation escalates, have the lease examined by a business attorney. Your lawyer will let you know the legal implications of the lease. If the lease does not properly address the situation at hand, or if there is no lease in place, negotiation is often necessary.
Negotiation may be the best way to resolve a lease dispute. Look to discuss the problem as soon as possible, before the issues become more complicated. Negotiation is most often successful when there is a fair resolution for both parties. Sometimes this requires compromise on both parts. Negotiation can be done through an attorney. An experienced lawyer has the negotiation skills necessary to help reach a successful conclusion.
Mediation or Arbitration
Mediation is an option that may be helpful when negotiations do not resolve the dispute. A mediator is a professional objective person who facilitates dispute negotiations. The mediator is there to facilitate a resolution and to keep the situation on track. Arbitration is similar to mediation; however, arbitration may be required as a clause in the lease.
How an Attorney Will Help
When a lease dispute happens, it can quickly escalate and become difficult to resolve. It may be necessary to have an attorney represent you and help protect your interests. Commercial lease disputes could have significant financial or legal consequences, which must be reviewed when coming to an agreement. Once a resolution is found, your lawyer will ensure that the agreement is made in a legal document that will keep the problem from reoccurring in the future.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Resolving Lease Disputes, or any other litigation issues, please feel free to contact us at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.