Commercial leases are heavily negotiated documents, and they are usually enforced as written. When a dispute arises, the details of the lease often decide who has leverage.
Start with the default provisions
Look at what the lease treats as a default, how and where notice must be given, and whether a cure period applies. Sending or answering a default notice incorrectly can cost you leverage or even rights.
Guaranties and personal exposure
Many leases are backed by a personal or corporate guaranty. Whether a guarantor remains liable after a lease amendment, assignment, or extension depends on the guaranty language, and guarantors should review it before agreeing to changes.
Landlord and tenant duties
Rent abatement and repair obligations
Landlord's remedies after default, and any duty to mitigate
Security deposits and their return
CAM charges and operating expense disputes
Before you respond
Gather the lease, amendments, guaranties, notices, payment records, and correspondence. Calendar deadlines from the notice. Avoid informal side agreements that are not in writing.
Early, careful steps often protect your position better than reacting quickly. A review of the lease can show your options before a dispute escalates.
Davila Cobos Law Firm, PLLC represents clients in San Antonio and Laredo. Learn more about our real estate litigation lawyer services, or contact the firm to discuss your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, so talk to a Texas attorney about yours.
