What Happens When a Commercial Tenant Violates a Lease Agreement?
A commercial lease is a legal agreement that establishes responsibilities for both the landlord and tenant. When a tenant fails to follow the lease, the landlord may have several possible remedies depending on the agreement and applicable law.
Common Lease Violations
A commercial tenant may violate a lease by:
Failing to pay rent
Using the property improperly
Making unauthorized alterations
Subleasing without permission
Failing to maintain the property
Violating insurance requirements
Review the Lease
Before taking action, the landlord should review the lease carefully.
Important provisions may address:
Notice requirements
Cure periods
Termination rights
Rent obligations
Default remedies
Provide Required Notice
The lease or applicable law may require notice before certain actions can be taken.
For example, Utah law provides specific procedures concerning unlawful detainer and possession of property.
Because notice requirements can be important, landlords should avoid assuming that they can immediately remove a tenant simply because a lease violation occurred.
Document the Violation
Keep records of:
Payment history
Communications
Property inspections
Photographs
Notices
Lease documents
Good documentation can help establish what happened if the dispute later becomes contested.
Can the Dispute Be Resolved?
In some cases, the parties may negotiate a solution, such as payment arrangements, repairs, or an agreement to terminate the lease.
If the dispute cannot be resolved, formal legal proceedings may become necessary.
Contact Aspen Legal Services
If a commercial tenant has allegedly violated a lease agreement, Aspen Legal Services can help review the lease, circumstances, and potential legal options.
Contact us today to schedule a consultation.
Comments