No commercial property owner wants to face litigation over issues that can be easily resolved out of court. Below are a few ways you can avoid lawsuits generating from performing actions that the court can view as harassing in nature.
Never Bring Up the Discussion of a Tenant Letting the Lease Go
You might have particular reasons for wanting to end a lease and send a commercial tenant packing, but you should never throw out the suggestion that they abandon the lease. It can come back to haunt you in a big way by a harassment lawsuit for feeling forced to leave, whether that was your meaning, or not.
Never Intentionally Interrupt Tenant Business or Cut Off Sevices to Force a Move
Every repair and physical change you make tp your leased commercial property must be documented to show it was a necessary improvement or repair. It’s the best way to show that you have not harassed the lease-holder and made it a better option to leave. Cutting off water service when it is included in the lease, or shutting down operations to complete long-term improvements that are unnecessary at the time can be considered “harassing” in nature. If it holds up and takes away from your tenants business they can sue for actual damages.
Address Every Tenant Fairly
When repairs need to be done on a commercial building, you need to ensure everything is done in a fair manner. If it’s a multi-business building and suddenly experiences roof leaks, make sure you show no preference as to who gets the leaks fixed first.
Structure a Fair and Equitable Lease to Avoid Problems
Choose an experienced commercial real estate attorney Charlotte NC commercial property owners count on to structure fair and equitable lease agreements. The chances of undergoing lawsuits for being unfair or harassment is far less likely if everyone is on the same page and aware of the obligations set forth in the agreement.
Investing in commercial property to place on the market to rent and lease can be a way to generate huge profits, but it’s essential to guard yourself against unnecessary lawsuits that come through inadvertent actions that can be perceived as harassment. Take the time to construct a good lease contract to make sure it’s on fair footing from the start.