Most areas of commercial real estate involve a certain level of complexities that have the potential to lead to occasional issues, disputes and even litigation. One area where this especially holds true is in regard to landlord/tenant legalities. Whether you are on the landlord side or the tenant side of the equation, there are a myriad of possible matters that could result in a contentious dispute between you and the other party.
The most important aspect of the relationship between any landlord and tenant is the formal lease agreement. Because a court will typically analyze the details of this contract in the event of a dispute, it can be critical to ensure you have a full understanding of all your responsibilities and obligations before signing any documentation. It can also prove invaluable to keep everything in writing and avoid any form of verbal agreement with the other party.
Common issues that can lead to landlord/tenant disputes
Destruction of property, missed rent payments and any form of crime committed at the rental location can all create a high probability of a landlord/tenant dispute. In these instances, a landlord will typically pursue formally removing the tenant from the premises by means of eviction or an unlawful detainer. No matter which of these two methods one ultimately chooses, there are specific legalities to obey and a set process to follow.
Other frequently seen issues that can lead to disputes between parties include the following:
Maintenance and repairs: The lack of particular maintenance and repairs or substantial delays can create a contentious environment that leads to litigation. A comprehensive lease agreement should cover the landlord’s maintenance duties along with addressing the possibility of a tenant handling certain repairs directly.
Security deposits: To insure against property damage or missing future rental payments, tenants are often required to pay a security deposit before assuming ownership of a commercial property. After a tenant has vacated the premises, landlords are legally obligated to return the security deposits in a certain amount of time and to itemize any deductions upon doing so.
Where to turn for help and support
With so many intricacies involved in the relationship between landlords and tenants, taking advantage of the professional resources available to you can both minimize the possibility for becoming involved in a dispute and increase your odds of a successful outcome in the event of litigation. An experienced Idaho attorney can carefully evaluate your unique circumstances, including the details of your lease agreement, answer all of your questions and concerns, and determine your best course of action.
