The landlord-business tenant relationship can be a complicated alliance. Commercial lease disputes often occur when one party does not fulfill their expected obligations under the lease agreement or contract. Disputes may arise regarding property maintenance, lease violations, property damage, early termination, or unpaid rent. If you are involved in a commercial lease dispute, consulting with an experienced Ohio commercial lease dispute attorney is crucial for proper guidance.
At Jett Law LLC, I offer legal counsel and advocacy to landlords and business tenants involved in legal disputes over commercial property. Using my extensive experience and expertise, I can intervene promptly and resolve disputes between all parties involved. I can offer you the efficient and effective representation that you need in your commercial lease litigation. Jett Law LLC proudly and effectively represents both landlords and business tenants in Cleveland, Ohio.
Businesses often choose to rent property, an office building, or a warehouse instead of buying one since it requires less capital. A commercial lease can be described as a legally binding contract between a landlord and a business tenant for the rental of commercial property.
Commercial tenancy laws are quite different from residential tenancy laws. Under the state's landlord-tenant code, landlords and business tenants in the state of Ohio are granted certain rights. These include:
Contrary to general belief, there is no single "standard" commercial lease, and the commercial lease may be customized by the parties in a variety of ways.
Commercial lessees generally have no rights other than what is clearly stated in the lease agreement.
Unless stated otherwise in the lease agreement, the landlord is generally responsible for routine maintenance.
There is no implied right of habitability, and the landlord is under no obligation to provide the business tenant with a secure and safe living.
Business tenants have no statutory right to carry out repairs and deduct for damages to the property.
There are no penalties for changing locks or turning off utilities in a commercial lease agreement; Ohio law provides that a commercial landlord may exercise self-help and lock out a tenant if the tenant is in default under the lease and if self-help is allowed in the written lease. However, self-help must be exercised without disturbing their peace.
In 2016, there were 103,027 total eviction filings and 57,980 evictions in Ohio. Resolving a commercial lease dispute involves an interaction among the landlord, business tenant, lease contract, and commercial lease laws. In most commercial situations, the law follows the lease, and the court will uphold the lease agreement to address disputes, even when it may appear unfair or unreasonable. Possible resolution mechanisms to address commercial lease disputes include:
Settlement Meeting. A settlement meeting — by agreement between the landlord and the business tenant — to resolve the issues.
Mediation: If the parties agree, often in the context of litigation, all parties involved in the dispute will come together to discuss a possible resolution. A third party neutral — often an attorney — will serve as the mediator to help negotiate and facilitate a possible compromise. Under Ohio law, the mediation is strictly confidential.
Arbitration: This requires all parties involved to submit evidence and testimony to one or more arbitrators who then decide the resolution of the dispute — provided that the lease or some other written agreement between the parties provides for and requires arbitration.
Private Judge or Litigation: If amicable dispute resolution mechanisms are not pursued or otherwise are not effective, the other and most prevalent resolution mechanism is litigation. A judge or jury will resolve the issue through a court trial.
Resolving disputes between landlords and business tenants can be very complicated. If you are engaged in a commercial lease dispute or if you believe your tenant rights or landlord rights have been or are being violated, it is important to consult with an experienced commercial lease litigation attorney immediately.
At Jett Law LLC, I have devoted my career to providing outstanding legal services and strong representation in commercial real estate and lease dispute matters. I will help you resolve the conflict through mediation, arbitration, or litigation. Hiring an experienced Ohio commercial litigation attorney can make a huge difference in your commercial lease dispute case.
If you believe that your tenant rights or landlord rights are being violated, or if you are involved in a commercial lease dispute, call Jett Law LLC today to schedule a free one-on-one case evaluation. I can provide you with the knowledgeable guidance and the strong representation that you need in your commercial lease dispute lawsuit. I proudly serve clients in Cleveland and the Northeast Ohio area. Call Jett Law LLC today to speak with an experienced Ohio commercial lease litigation attorney.