Raleigh, New Bern, And Morehead City Attorneys Manage Commercial Landlord-Tenant Disputes
Skilled litigation leads to cost-effective solutions
With residential tenancies, the lease is often secondary to the numerous state statutes and local ordinances that define the landlord-tenant relationship. But in commercial tenancies, the lease is usually the final authority regarding the parties’ rights and responsibilities. For that reason, landlords and tenants must have knowledgeable, skilled legal counsel at the time they form the lease and whenever conflicts arise. Since 1983, Howard Stallings has assisted commercial landlords and tenants in litigation arising from a variety of claims, including:
- Curable and non-curable defaults
- Landlord liens
- Landlord self-help
- Maintenance responsibilities
- Premises liability
- Property usage
- Unpaid rent
- Holdover tenancy
- Toxic mold
- Willful destruction
Concerted effort to resolve your commercial landlord-tenant dispute
Howard Stallings is committed to cost-effective dispute resolution. Our first step is always to investigate your circumstances to see whether the lease agreement can somehow be salvaged. For traditional negotiations, arbitration and mediation, we meet with opposing counsel to arrive at a stipulated interpretation of the lease provisions. Once we are in agreement about what the lease means, we look at the facts to determine whether default has occurred and how that default can be cured. These proceedings often lead to a greater understanding and a better working relationship between landlord and tenant.
Next steps: what to do when a commercial lease cannot be saved
When it’s clear that a real estate contract no longer suits our client’s interests, we can often enter into negotiations to alter the lease terms or terminate the lease. Disgruntled parties might wish to buy their way out of a lease.
Remedies for nonpayment of commercial rent in North Carolina
When the conflict is simply over nonpayment of rent, we can sometimes negotiate a lease workout. However, the landlord might be one of many creditors asserting their rights regarding the tenant business. In other cases, it may be necessary to initiate eviction proceedings and collect the overdue funds. North Carolina has an implied forfeiture that goes into effect 10 days after the lessee fails to pay all past-due rent, and such forfeiture allows the lessor to dispossess the tenant. The lessor is not required to declare the forfeiture or reserve a right of re-entry in the lease. However, landlords wishing to employ “self-help” to rid themselves of unwanted tenants must be careful. Any removal must be peaceable. Landlords are often better off referring such problems to a competent commercial lease attorney.
Contact an experienced Raleigh law firm for your commercial landlord-tenant disputes
Problems with a commercial lease can lead to significant losses for your business. For all commercial lease disputes, consult an experienced commercial real estate lawyer. Call Howard Stallings today at 919-821-7700, or contact us online for more information.