Whether you’re the owner of a commercial building or the tenant of one, commercial lease disputes can be overwhelming. Properly navigating this type of dispute is critical in order to secure the best and correct outcome for all parties involved.
Commercial lease disputes in Melbourne can usually be resolved without the matter progressing to litigation, although in some cases, a dispute becoming litigious simply can’t be avoided. This quick guide will go over what constitutes a commercial lease dispute, how to seek the right advice and when to pursue legal action.
What a Commercial Lease Dispute Is
Even if the tenant and landlord are both aware and have agreed to the terms of a commercial lease, commercial lease disputes can still arise when the terms of this contract are violated or when unforeseeable circumstances void the previously agreed upon terms.
A commercial lease dispute is any grievance, litigation or issue raised in regards to the lease of any commercial premises. Common reasons for commercial lease disputes in Melbourne are tenants failing to pay rent, failure to maintain the premises by landlord or tenant, and landlords withholding the bond at the conclusion of the lease term.
What a Commercial Lease Dispute Isn’t
Commercial lease disputes fall into their own sub-category of tenant/landlord disputes. This means a commercial lease dispute isn’t the same as a lease dispute that arises in regards to residential property. Residential property has its own set of distinctive set codes, legislation and best practices that differ widely compared to commercial property.
Know Your Rights
Regardless of which side you’re on, if you’re engaged in a commercial lease dispute, it’s important you know your rights as either a tenant or a landlord. This can prevent an unfair termination of the lease if you’re on the tenant side or can enable you to evict tenants from the premises if you’re the landlord.
Commercial lease disputes in Melbourne can usually be resolved without the dispute becoming litigious, but it’s important to equip yourself with as much information as possible in regards to your legal rights in order to secure the best outcome.
Seek the Right Advice
A great way to become immediately familiar with your rights and responsibilities as either landlord or tenant is to consult with a property lawyer who has experience in dealing with commercial lease disputes.
A commercial lease dispute can quickly become complex, and when either party takes action without the proper advice, it can often lead to an unnecessary cost of both time and money. If you’ve found yourself embroiled in a commercial lease dispute, you should seek professional legal advice on the matter as early as possible.
When to Pursue Legal Action
Unfortunately when it comes to some commercial lease disputes, legal action may be the only way to progress the dispute and seek a fair resolution. You should pursue legal action in regards to a commercial lease dispute if out of court negotiation and mediation just isn’t producing a resolution or if communications have been silenced entirely.
While litigation can be costly for both parties involved, the biggest benefit is that the commencement of court proceedings will bring both parties closer to ending the dispute altogether.