800 Kennesaw Avenue, Suite 400, Marietta, Georgia 30060
THE LANDLORD'S LAWYER sm 770.426.4619 THE LANDLORD'S LAWYER sm 770.426.4619
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Landlord Lawyers Enforce Tenant Responsibilities

Helping commercial landlords understand tenants’ obligations

Just like landlords, commercial tenants have express and implied obligations under Georgia, Florida and Tennessee law. The attorneys at Wiles & Wiles, LLP assist commercial property owners in understanding and enforcing their tenants’ responsibilities.

What are a commercial tenant’s responsibilities?

A commercial tenant has a duty to maintain and protect the property from damage. While responsibilities vary based on the terms of the lease, typical tenant responsibilities include:

  • Timely payment of rent —If your tenant is in arrears, refuses to pay rent or files for bankruptcy protection, an experienced commercial real estate attorney can counsel you about how to protect your interests.
  • Compliance with assignment and subletting provisions —Most leases contain provisions that restrict assignment of the lease or subletting. If a tenant assigns the lease or sublets the property without your approval, you should consult an experienced commercial property lawyer for advice about your legal options.
  • Prevention of damage to the property —Every tenant has an implied duty to avoid “waste.” Waste, in this sense, is a cause of action against a tenant who destroys or damages real property. An experienced commercial property attorney can help you recover monetary damages from the tenant.
  • Loss caused by alterations —A well-drafted commercial lease will specifically address a tenant’s ability to make improvements or otherwise alter the fixtures on the property. Even if the lease permits modifications, tenants still may be liable for damages if they fail to remove alterations or if the alterations reduce the value of the property.
  • Property taxes —Most leases require tenants to pay their pro rata share of the property taxes.  Florida charges sales tax to business tenants. Your leases should assign responsibility for this tax.

What can an attorney do if my tenants fail to meet their obligations?

If tenants violate the terms of the lease, the commercial landlord should retain an experienced attorney to enforce the lease. If your tenant fails to make lease payments, we litigate to enforce the lease and begin the eviction process.

Contact us to better understand the obligations of your tenants

Wiles & Wiles, LLP has helped commercial landlords for 28 years. Because we focus solely on landlords, we understand your business and your challenges. If you have concerns about a tenant, call us at 770.426.4619 or contact us online today.

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