Subleasing a commercial property can sometimes lead to disputes between the primary tenant and the landlord. When issues arise, resolving them efficiently avoids unnecessary cost and potential litigation.
When a subleasing dispute arises, there are appropriate steps to take to reach a solution between the tenant and commercial landlord.
Understand the lease agreement
Your lease agreement outlines the rights and responsibilities of both the tenant and the landlord. The terms of this document must align with Texas commercial tenant rights. Pay particular attention to clauses related to subleasing, tenant obligations and dispute resolution. Understanding these terms can provide clarity on whether a violation has occurred and how to address it.
Communicate Openly
Effective communication is important for resolving commercial real estate disputes. Reach out to the other party as soon as the issue arises. Explain your concerns clearly and provide any relevant documentation that supports your position. Listen to the other perspectives as well. Open dialogue often leads to a mutual understanding and can prevent the issue from escalating.
Consider Possible Solutions
If the dispute involves a misunderstanding or differing interpretations of the lease agreement, a lawyer may be able to resolve the issue. Sometimes a compromise is an option that benefits both parties. For example, if the landlord objects to a particular subtenant, suggest finding an alternative subtenant. Offering a solution demonstrates a willingness to work together and can often lead to a resolution.
Use Available Remedies
If direct communication does not resolve the dispute, review the lease agreement to consider the available contractual remedies. Sometimes an agreement will provide for mediation. This involves working with a neutral third party who helps facilitate a resolution. Other times arbitration is required. And in many cases litigation must be brought to force a resolution. That can be expensive and time consuming, so alternative remedies or a compromise solution are often more practical.
Following established processes can help resolve a subleasing dispute amicably. This enables you to focus on your business and maintain a positive relationship between tenant and landlord.