Head Murphy Law represents commercial landlords and tenants in lease disputes from its Farmington Hills office. We handle commercial lease breaches, rent disputes, use restriction disputes, renewal and termination disputes, commercial evictions, and related lease litigation in Michigan. From Farmington Hills, Head Murphy Law represents commercial landlords and tenants in lease disputes throughout Oakland County and Michigan.
Have you found yourself in a dispute regarding the terms of your commercial lease? If so, you need the help of an experienced real estate attorney in Farmington Hills to help you protect your financial interests. Contact Head Murphy Law for a free case evaluation with a commercial lease disputes lawyer. We’re ready to discuss the details of your commercial lease dispute and your options for seeking a positive resolution to your situation.
Commercial leases give businesses the right to exclusive possession of a commercial property. Commercial leases differ from residential leases in several key ways. For example, they can last much longer, involve automatic rent escalation, and allocate maintenance and repair responsibilities differently than a residential landlord–tenant relationship. Commercial tenants also do not have many of the same legal protections afforded to residential tenants, as commercial tenants typically possess a level of sophistication that minimizes the power imbalance between a tenant and their landlord.
Standard provisions of commercial leases can include:
Unfortunately, disputes can arise between parties to even a well-drafted commercial lease agreement. If you’ve found yourself in this situation, the Farmington Hills law firm of Head Murphy Law can provide the legal guidance and protection you need. We’ll start by reviewing your lease agreement to assess how the rights and responsibilities allocated under it may affect the dispute’s resolution.
The Farmington Hills law firm of Head Murphy Law has extensive experience advising clients involved in commercial lease disputes arising from:
Although commercial landlords may not have all the same duties as residential landlords, commercial leasing does require certain obligations from commercial property owners. These can include delivering possession of the leased premises to the tenant at the start of the lease term and ensuring the property complies with building codes. However, commercial leases typically involve the landlord delivering the premises “as is,” allowing the parties to negotiate specific warranties regarding the property’s condition.
Commercial tenants have various obligations under a lease, including paying rent and other charges as directed by the lease, maintaining the leased premises in proper condition, and carrying insurance to cover risks such as fire or personal injury.
A commercial eviction usually starts when a tenant defaults under the lease and the landlord seeks possession under the lease terms and Michigan law. A commercial dispute may escalate to a situation in which a landlord seeks to evict a tenant and regain possession of the leased premises. Michigan law, MCL 600.5714, provides a summary proceeding process to recover possession of premises in certain lease-default situations. Landlords may seek eviction for nonpayment of rent, significant property damage, violations of use restrictions, or illegal activity. Commercial leases typically include notice-and-cure procedures before a landlord may commence eviction proceedings. A lease may require a landlord to give a tenant several days to several weeks to cure a specific lease violation, such as nonpayment of rent, failure to maintain insurance, or property damage, before the landlord can file a court action to pursue eviction. Commercial landlords may also pursue evictions for “holdover,” where a tenant retains possession after the lease has expired.
Commercial leases frequently include alternative dispute resolution clauses that require landlords and tenants to resolve disputes outside court litigation. Before invoking formal dispute resolution or litigation, parties may try to resolve a dispute through informal negotiations, which may involve demand letters, discussions of lease changes, or payment plans that allow tenants to catch up on past-due rent or other charges.
Dispute resolution clauses in commercial leases may require landlords and tenants to submit disputes to mediation, where a neutral mediator facilitates settlement discussions between the parties, or to arbitration, where the parties present their cases to an arbitrator who issues a decision (which the parties can agree will be binding or non-binding).
Parties may also file litigation through the courts to obtain remedies for lease violations, seek injunctive relief, or secure possession of the property.
A commercial lease dispute may lead a landlord or tenant to seek various forms of relief from an alleged lease violation, such as:
At Head Murphy Law, our experienced real estate lawyers can review the facts of your case to determine what remedies your commercial lease and the law can provide you in a dispute.
When a commercial lease dispute puts your financial interest at risk, you deserve the support and guidance of a legal team that prioritizes your needs and goals. In other words, you deserve Head Murphy Law of Farmington Hills. Choose our law firm to serve as your business litigation lawyer because we offer:
If you’ve found yourself in a commercial lease dispute, you need dedicated legal counsel and advocacy to protect your rights and interests. Contact Head Murphy Law for a free, confidential consultation with a knowledgeable Farmington Hills real estate attorney from our law firm to navigate a challenging commercial lease dispute.
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