Many businesses need to lease commercial space to operate effectively and serve their customers. Commercial lease agreements set forth the terms of the arrangement between the owner (the lessor) and the tenant (the lessee). It’s important to recognize that commercial lease agreements tend to be much more complex than residential lease agreements, as there are several nuanced terms and conditions that the parties must acknowledge and follow. However, even the most clearly defined and comprehensive commercial lease agreement may not prevent disputes from arising at some point. As soon as a disagreement crops up, consider enlisting the guidance of a knowledgeable and experienced commercial real estate attorney who can help you explore your options. Reach out to the dedicated and caring attorneys at Sewell Sewell Beard LLC today to discuss your goals.
The working relationship between a commercial landlord and their tenant usually moves along productively and peacefully. However, disagreements or issues can arise at any time, and what initially appears to be a simple misunderstanding may escalate into a contentious legal battle without thoughtful and timely intervention. Disputes regarding commercial leases happen for any number of reasons, such as when a tenant fails to pay the rent on time or the tenant accuses the landlord of neglecting to repair a structural or safety concern within a reasonable period of time. Other common sources of contention may concern disagreements about renovating the premises, whether or not the tenant may sublet the space, whether the tenant may terminate the lease early, or disputes about security deposits. No matter what the nature of your landlord-tenant dispute may be, you can trust that our skilled and seasoned commercial real estate lawyers are prepared to protect your best interests at every turn.
Landlord-tenant disputes involving commercial properties can turn heated (and costly) very quickly. It’s in your best interest to enlist legal representation as soon as an issue arises. Early intervention often minimizes the need for expensive and stressful litigation. As your commercial real estate attorneys, we will assess the details of the situation and attempt to resolve the dispute as smoothly and efficiently as possible. Whether we help you obtain a favorable outcome through negotiation, arbitration (or, if necessary, litigation), you can trust we will support you at every step of the dispute resolution process.Â
At Sewell Sewell Beard LLC, we recognize that no two landlord-tenant disputes are identical. As such, we provide customized legal solutions that are designed to support your needs and address the specific factors of your unique situation. We enjoy working closely with our clients to help them articulate their goals, explore all the available legal options, and identify the most strategic path forward. Whether you are a commercial tenant struggling with a tenant who owes you a considerable amount of back rent or you are a commercial tenant seeking to hold your landlord responsible for repairing a safety concern, we encourage you to contact our office today to discuss your options for obtaining your desired outcome.
Condemnation refers to the legal process by which a government entity can exercise its eminent domain authority to seize private property for public use. Condemnation proceedings follow a series of distinct steps, from providing the landowner with written notice of the eminent domain action to negotiating compensation for the taking of the privately owned property.
The party wishing to invoke its eminent domain power initiates the condemnation process. For instance, the Department of Transportation can initiate condemnation proceedings against a private property owner in order to take the land and use it to construct a new highway (which meets the public use requirement). Condemnation proceedings usually begin after negotiations with the property owner have failed.
In order for a government entity to exercise its eminent domain power, the proposed project must benefit the public in some way. Common examples of projects that can fulfill the public use requirement include the construction of new roadways, public transit lines, state parks, public schools and libraries, and other proposals that will benefit the community.
Yes, private property owners have many rights during the condemnation process. Most condemning authorities will provide an initial offer that does not take into account the full value of your property. It’s essential to recognize that you have the right to negotiate a fairer and more just amount of compensation in exchange for your land. If these negotiations are not successful, the matter can move to court, where you will have the chance to present your arguments to a jury.
If the matter moves to probate court and you are not satisfied with the judge’s determination, you can still appeal your case to a trial court. This allows you to make your case before a jury, who will then decide the amount of compensation you should receive. Whether you have just received a condemnation letter or you are preparing to appear in probate court, partnering with a highly experienced and caring condemnation attorney will give you the confidence and firepower you need as you move forward.
Commercial real estate refers to property that the buyer intends to use for commercial purposes. For instance, the commercial property owner may use the real estate for retail businesses, industrial purposes, office space, or agricultural endeavors. It’s worth noting that since the purpose of these properties is for commercial use, the land needs to be zoned to accommodate commercial uses.
The purchase and sale agreement is a legally binding contract that guides the commercial real estate transaction. These documents are often customized to address the specific considerations of the transaction, but they generally include a few key elements: The purchase price, the scope and timeline of the due diligence period, the payment terms, the conditions that govern how and when the parties may exit the contract, warranties provided by the seller regarding the property, and the handling of closing costs.
Due diligence refers to the period during a commercial real estate transaction where the buyer has the opportunity to fully examine the property’s physical, legal, financial, and environmental status to ensure that the property remains a sound investment. The due diligence period usually lasts between 30 and 90 days, beginning from the signing of the purchase agreement. If you have questions about what to look for during the due diligence period, give us a call to learn more.
In most cases, both the buyer and seller cover a portion of the closing costs. The buyer usually covers closing costs associated with due diligence fees, financing costs, title insurance, and recording fees. The seller’s closing costs often include brokerage commissions, transfer taxes, and any costs associated with clearing the title (i.e., clearing existing liens, paying off mortgages, or handling retroactive property taxes).
Although you are not legally required to hire a commercial real estate lawyer to buy or sell property, doing so is highly recommended. Commercial real estate transactions usually involve significant investments and a fair amount of risk, so many people feel more confident with an experienced legal advocate by their side. At Sewell Sewell Beard LLC, our team of skilled and knowledgeable commercial real estate attorneys is ready to provide you with the exceptional guidance you need to make informed decisions while eliminating mistakes and risks.
Contact us today if you have a potential Landlord Tenant Disputes case.
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