With commercial rents on a steadily rising upswing across Southern California, the financial implications of a commercial lease agreement are often enormous for both tenants and landlords over the duration of the lease. Where a tenant is not receiving the full benefit of the terms of the lease – or where the tenant simply cannot afford to keep paying rent under the lease and is looking for a way out – the monthly obligations of a lease agreement can be crushing. Likewise, landlords who are unable to collect timely rent payments from tenants face huge losses and need to explore their options for collection and/or eviction. Furthermore, landlords may need to take action against a tenant engaging in actions that otherwise break the terms of a lease, e.g. nuisance activities. Because breach of lease actions are both economically significant and involve delicate and often divisive relationships between landlords and multiple tenants, it is important to have experienced, sophisticated counsel on your side. At Wagenseller Law Firm, we represent both landlords and tenants in pursuing their rights and best outcomes in breach of lease actions.
Failure to Pay Rent
One of the most common breaches of a lease is the failure of the tenant to pay rent in full and on time. Taking direct, aggressive action against tenants in these situations is not always the best option for landlords in the long-term, and may indeed be illegal. Our legal team works with landlords to secure payment through negotiation, and, when that fails, guides landlords through the proper eviction procedures to avoid liability while increasing their chances for recovery.
Constructive Eviction and Landlord Breaches
On the tenant side of the relationship, there are actions that can be taken when a landlord fails to uphold its obligations pursuant to the lease, such as providing necessary services and repairs. Depending upon the terms of the lease, constructive eviction – vacating the premises and stopping the payment of rent – may be an option, but should only be done pursuant to the counsel of an attorney. In other cases, we can assert claims for money damages and/or injunctive remedies on your behalf for a landlord’s failure to honor the lease.
Other Tenant Breaches
Beyond failure to pay rent, there are other situations in which a tenant might breach the lease and for which a landlord has legal recourse. In the commercial context, this often relates to the type of activities that the tenant is conducting on the premises. These might range from nuisance activities such as playing music too loudly after hours to the types of products and services being sold on the premises. Our team will work with you to understand your lease, fully investigate the circumstances, and proceed on any available legal options against the tenant.
Modifying or Cancelling a Lease
Oftentimes, when a dispute arises between a landlord and a tenant, there are mutually beneficial ways for both parties to proceed which can include modification of the lease (e.g. an increase in rent in exchange for increased services) or simply cancelling the lease. Ideally, parties can avoid litigation through negotiation, and at Wagenseller Law Firm, we will always explore options on behalf of our clients to reduce legal expenses while creating lasting solutions that minimize conflict and build value.
Contact the Breach of Lease Attorneys at Wagenseller Law Firm
At Wagenseller Law Firm in downtown Los Angeles, we provide full legal services to individuals and businesses in business and real estate litigation matters. Contact the Wagenseller Law Firm today to schedule a consultation to discuss your commercial contract matter.