Asheville Property Dispute Lawyers

Generally, commercial leases are more complex than residential leases and require careful deliberation on both parties’ behalf when being drafted. Whereas state statutes and regulations heavily influence residential lease agreements, the terms outlined in a commercial lease agreement are the be-all, end-all for their respective parties. Additionally, commercial leases will likely include provisions unique to their properties and bind both parties for far more extended periods than residential leases. The complexity of commercial leases, primarily when the leasing document itself is poorly written or lacks clear and precise terms, can lead to disputes between landlords and tenants. 

When landlord-tenant disputes arise, our experienced Asheville real estate attorneys can help mediate conflicts, review contracts, or assist either party across all aspects of litigation.

Contact Goosmann Rose Colvard & Cramer, P.A. today to schedule a consultation!

Common Disputes Between Landlords & Tenants

Unclear Leasing Terms

Leases should specifically outline what is expected of both parties, commercial leases in particular need to address factors unique to the property in question. When a lease is poorly drafted, or parties utilize a generic leasing agreement, differences in the landlord and tenant’s understanding of agreed-upon terms may arise — inevitably leading to conflict. To avoid these dilemmas, have lease agreements drafted by a professional, such as one of our Asheville lawyers. 

Premature Lease Termination

Upon signing the commercial lease, both parties agree to honor the time detailed in the contract. When either party breaks the terms outlined in the lease by attempting to terminate the lease before the tenancy’s agreed-upon period has been met, a dispute is liable to occur. It should be noted that some leases include early termination clauses so parties can amicably part ways should something unfortunate happen. It’s only when a party breaks the lease in a way that hasn’t been detailed within the pages of the lease agreement that the other party may employ countermeasures. 

Repair & Maintenance Duties

Disputes commonly arise over whether making repairs and performing maintenance is the business’s responsibility or the property owner’s. Conflicts of this nature may also occur if a landlord neglects to make repairs to safety hazards or a tenant’s negligence causes damage to the property. If it’s unclear which party is responsible for repairs or how far that responsibility extends, our real estate attorneys can provide contract review services to help clear things up.

Subleasing

In most cases, commercial leases allow tenants to sublease the property to another party for a portion of their tenancy. The terms and allowances for subleasing will vary with each unique lease agreement. Most of the time, property owners are okay with subleasing. However, should a tenant attempt to sublease in a way that breaches their contract terms, a dispute can occur. 

Lack Of Payment 

Of course, should a tenant attempt to skirt the responsibility of paying for their occupancy, the property owner is liable to take actions toward obtaining their rightful pay. If a landlord decides it’s necessary to evict the tenant, they should be sure to employ the assistance of one of our experienced attorneys in Asheville.

How Our Real Estate Lawyers Can Help 

To help avoid costly future disputes, it is in the interest of both parties to utilize the skills and knowledge of an experienced real estate lawyer when drafting a commercial lease agreement. Additionally, the attorneys at our NC law firm can provide legal counsel and represent either party in litigation when an amicable resolution cannot be reached. With experience litigating on behalf of both landlords and tenants, our attorneys have the know-how to help you achieve a favorable outcome.

Contact Goosmann Rose Colvard & Cramer, P.A. today to schedule a case consultation!