In our last post, our Los Angeles Real Estate attorneys discussed step 1 for analyzing commercial real estate disputes. Step 1 basically involved understanding the rules that control the landlord tenant relationship with those rules being set forth in the written commercial lease.
Step 2 involves making sure that you comply with the dispute resolution mechanism. For example, some commercial leases require the landlord and tenant to mediate a dispute before proceeding to court or arbitration. The lease may also provide for certain notice provisions in order to make sure the party who is alleged to not be upholding their end of the bargain (performing under the terms of the commercial lease) has notice of the disputed item.
Accordingly, Step 2 involving initiating the dispute. This is usually accomplished through sending a demand letter and putting the other side on notice of your intentions. This gives each side the opportunity to try to resolve the commercial leasing dispute before having to resort to litigation or arbitration. Sometimes cooler heads prevail, but if not, we move on to step 3 with the formal initiation of an action.
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