Commercial Landlord/Tenant Litigation
Protecting Your Interests
When tenants no longer pay rent or comply with the lease, you need practitioners who have dozens of trials before the Justice of Peace Courts all the way to the Texas Court of Appeals. Evicting tenants can sometimes be a lengthy process depending upon the county involved and the extent that the case is appealed to a higher court. We have experience with all forms of tenants and have a stellar success rate in removing them from the rental property.
Our office has experience with these matters across the North Texas area and are familiar with the Courts at every level, from the municipal level through the Texas Second Court of Appeals at Fort Worth and Texas Fifth Court of Appeals at Dallas. Our familiarity with the Courts and the attorneys who often practice landlord-tenant cases therein can often facilitate a smoother, more cost-efficient resolution.
Cases We Handle:
- Abandonment
- Improper use violations
- Triple-Net disputes
- Signage and building décor issues
- Business fixture removal
- Evictions
- Lockout for non-payment
- Lease Disputes and Litigation
- Lease termination issues
- Brokerage fee disputes
- Landlord defense against personal injury claims
Abandonment
When a commercial tenant’s business fails, the ripples directly impact the landlord. Our office has the expertise to counsel our clients on proper enforcement of contractual liens and acceleration of rent provisions in their commercial leases. We can also advise our clients how to avoid the pitfalls that may subject them to financial liability.
Improper Use Violations
Knowledge of the commercial side of the Texas Property Code and the provisions of Texas commercial leases gives our firm the ability to help our clients correct their tenants’ misuse of the leased premises. Because of the long-term nature of most commercial leases and revenue streams involved, a gentle hand is often called for in curbing behaviors that not only violate the lease but may put our clients’ commercial assets at risk for fines or loss.
Triple-Net Disputes
The rise in the use of “triple net” leases by commercial landlords offers them more control over costs by having the tenant pay rent, utilities, taxes, insurance and maintenance costs. However, with increased complexity of these agreements comes disputes over what may constitute covered costs. Further, the obligations of the landlord, if not clearly spelled out in the lease, may create unexpected expenses landing back on them instead of with the tenant as intended. Understanding of these complex lease provisions is critical in resolving disputes when they arise early on so that the parties can get back to the business that matters to them.
Signage and Building Décor Issues
Even when the lease provides guidance on signage and appropriate décor, misunderstandings can lead to problems ranging from unattractive properties to ordinance violations. As with other commercial lease matters, competent guidance on these issues can prevent unnecessary expense and unnecessary disruption of the landlord-tenant relationship.
Business Fixture Removal
Misunderstandings as to what constitutes a business fixture that belongs to the landlord and a movable asset that travels with a departing tenant often lead to litigation. Our firm has the experience to assist our commercial landlord tenants protect and recover those items that rightfully belong to them and their commercial properties.
Commercial Landlord Tenant Evictions
The rules for commercial evictions, though sometimes similar to residential evictions, are not the same. Our knowledge of the differences between the two causes of action, both practical and procedural, can make the difference in how quickly our commercial clients can recover possession of their properties and get them reoccupied with paying tenants more quickly.
Lockout for Non-Payment
Often provided for in commercial leases when rent is not paid, locking out a tenant still presents potential hazards for a commercial landlord just as it can for the residential side. Our firm has the experience needed to counsel our commercial landlord clients on how to properly enforce their contractual rights when a tenant fails to make the payments.
Lease Disputes and Litigation
Commercial leases are complex contracts with much more variety in their drafting than residential leases. With such variety comes the potential for disputes that do not simply involve non-payment of rent or improper use. From unforeseen maintenance issues arising from weather to changes in zoning to changes in business operations, there is often a need for experienced counsel to address fact patterns not commonly seen. Our firm’s litigation experience allows us to analogize to similar problems where possible and innovate solutions as needed, all while applying the law and the rules effectively for our clients’ benefit.
Lease Termination Issues
When conditions change, for the landlord or the tenant, sometimes the lease must be terminated. Our experience provides a basis to counsel our commercial landlord clients through such change. When necessary, we can prosecute and defend suits to protect our clients’ contractual rights and financial interests.
Brokerage Fee Disputes
Far more common in the commercial context than residential arena, disputes can and do arise as to the fees owed to brokers when a commercial lease is executed. These cases often turn on the negotiations and communications leading up to and through the execution of the underlying contract. Whether it is fees that should rightfully be paid to a broker for their efforts or addressing an overcharge, our office has the experience to work through and resolve the case.
Landlord Defense Against Personal Injury Claims
Unlike the residential area, a personal injury claim on commercial property turns more on how and when the party was injured and not where. Our office has the knowledge and experience with the prevailing case law in these cases to guide our clients through the litigation process and, where appropriate, settle early to avoid unnecessary and costly litigation expense.
Frequently Asked Questions
Yes, from “amateur” landlords with only a single leased property to large scale commercial entities leasing multiple commercial properties.
Yes, subject a conflict-of-interest check prior to consultation. We cannot represent commercial tenants against their landlords whom we have provided representation.
Do not ignore it and have an experienced attorney review it to advise you of any potential liabilities you may have. Some demands are mere “barking” but some demands bring “bite” along with them.
