It is not uncommon for Calgary landlords and tenants to engage in a commercial lease dispute.
These types of disputes are disruptive for both parties and need to be resolved quickly and in a timely manner.
A dispute can cause both parties to lose money so they must be addressed both efficiently and prudently either through a professional mediation service or through their respective legal representatives.
Reviewing a leasing contract is vital to both parties to hammer out and resolve potential areas of disagreement beforehand.
Some of the most common areas of commercial contract disputes include the following:
• A commercial lease breach
• Rental disputes such as an increase in rent or inability/refusal to pay
• Maintenance issues such as establishing responsibility of which party is expected to pay for repairs
• Breach of a promise such as agreeing to not allow similar type enterprises in a common area such as a mall
• Rent inclusions which are additional and unexpected
• Costs for maintenance in common areas and establishing who is the responsible party for these areas
• Financing and foreclosure disputes
• Indemnifications required by landlord
• Allegations of fraud or misrepresentation
Contract issues can occur even after both parties have engaged in appropriate due diligence before signing a lease, and it is essential that both parties to the dispute strive to resolve the issue in an equitable manner.