Commercial Lease Disputes
Commercial Lease Dispute Attorney - Santa Cruz Business Lease Lawyer
Commercial leases can be long, detailed contracts that set the foundation for a business's location, operations, and future growth. When disputes arise-whether over rent, maintenance, or lease terms-they can threaten a business's survival or jeopardize a landlord's investment. We help business owners and property owners in Santa Cruz and Monterey County resolve these disputes efficiently, whether through negotiation or litigation.
Commercial Lease Challenges
Unlike residential leases, commercial agreements are often heavily negotiated and cover multiple years. They may include complex provisions on rent calculations, maintenance duties, use restrictions, and termination rights. When disagreements occur, they can disrupt business operations, cause financial losses, and strain professional relationships. We provide clear, practical legal guidance to protect your commercial interests.
Common Commercial Lease Disputes
Rent & CAM (Common Area Maintenance) Disputes
Disagreements over base rent, percentage rent based on sales, or responsibility for triple-net expenses like taxes, insurance, and shared area maintenance.
Breach of Lease Terms
Violations such as using the property for unapproved purposes, failing to carry required insurance, or breaking exclusive use clauses.
Early Termination & Subleasing
Conflicts over a tenant's attempt to break the lease early, landlord enforcement of acceleration clauses, or disputes about sublease approval.
Property Maintenance & Repairs
Battles over responsibility for structural repairs, HVAC, roofing, or parking lot upkeep, especially when lease language is unclear.
Eviction of Commercial Tenants
We handle the formal unlawful detainer process for landlords, ensuring legal compliance and avoiding prohibited "self-help" lockouts.
Rights and Remedies
California commercial tenants generally have fewer statutory protections than residential tenants-the lease terms largely control the relationship. Landlords may be able to recover unpaid rent for the remainder of the lease term, provided they make reasonable efforts to re-let the property. Tenants facing an unlawful eviction can seek damages for lost business and property. We represent both landlords and tenants in these matters, focusing on quick, cost-effective solutions.
Our Services for Landlords & Tenants
- For Landlords - Drafting strong commercial leases, enforcing lease provisions, evicting non-paying tenants, and recovering damages (including drawing on personal guarantees).
- For Tenants - Negotiating lease modifications during business downturns, defending against improper eviction or inflated rent claims, and ensuring landlords meet their contractual maintenance obligations.
Local Business Understanding
Our Santa Cruz-based practice understands the unique commercial landscape here-seasonal tourism cycles, local zoning considerations, and the importance of maintaining good business relationships. We often negotiate creative solutions such as temporary rent reductions or adjusted payment schedules to help both sides preserve long-term value.
Commercial Lease FAQ
My retail tenant closed and stopped paying-can I sue for the remaining lease term?
Yes, typically you can recover unpaid rent for the remainder of the lease, but you must attempt to re-lease the space to offset losses. We help calculate and pursue your claim.
Can a commercial landlord evict without notice if rent is late?
No. California requires serving a proper 3-day notice to pay or quit before filing an eviction lawsuit. Lockouts without a court order are illegal.
Our lease doesn't specify who repairs the roof-what now?
If the lease is silent, courts may apply a reasonableness standard. We review the entire lease, past conduct, and legal defaults to determine responsibility.
Protect Your Commercial Investment
Commercial lease disputes can stall business operations or harm property value. Whether you're a landlord seeking to enforce your rights or a tenant defending your business, we provide knowledgeable, efficient representation.
55 River Street, Suite 100, Santa Cruz, CA