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General

A landlord-tenant dispute can happen in commercial real estate

Many Orlando businesses do not own the building or land they operate on. They lease the property from the owner, which can be beneficial in terms of flexibility and cost. For their part, the property owner gets to profit from having tenants.

As with renting residential property like apartments, the landlord-tenant relationship when commercial real estate is involved is governed in large part by the lease. In addition, if certain elements are missing from the lease, state law steps in. In this way, both parties have rights and obligations, and any infringement on those rights and duties could trigger a breach of contract.

Common sources of dispute in commercial real estate include:

  • Nonpayment of rent, or late payment
  • Wrongful eviction
  • Claims of property damage
  • Breaches of other provisions of the lease

As with most other business disputes, it is a good idea to try to resolve a landlord-tenant dispute outside of court. Alternative dispute resolution methods like mediation can save you time and money, and possibly help heal your relationship with the other side. For tenants looking to stay in their present location, and landlords seeking to keep their property occupied, this is often an important long-term consideration.

However, not all cases can be settled. Then, it may be necessary to go to court, either to get the other party to do what they are supposed to do, or show the judge that you are not in breach of the lease. Having an attorney represent you is the best way to make your case.

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