Month: May 2022

Resolving Commercial Property Lease Disputes

commercial property lease

When you are renting a commercial property, of course, you want everything to go as smoothly as possible. Operating a business takes all of your attention, and any disruption can be costly. However, as with any contractual relationship, disputes arise between tenants and their landlords. But don’t lose hope! With a little bit of help, resolving commercial property lease disputes without litigation or vacating the property can be possible.

Common Types of Commercial Lease Disputes

Commercial property leases can be complicated, and a wide variety of issues can arise, but here are the kinds of disputes you are most likely to encounter.

Failure to Pay Rent

It should come as no surprise that the relationship between landlord and tenant is ultimately about money. Therefore, the most likely point of contention between them is the tenant’s refusal to pay rent. It may be that the tenant doesn’t have the funds, or they are withholding rent over a larger dispute. Whatever the case, not paying rent will quickly escalate the situation.

Maintenance Issues

Maintenance issues generally fit into one of two categories. Either the renter and landlord can’t agree on who is responsible for certain types of maintenance (if a water pipe breaks, for example), or the parties fail to their responsibilities. Even seemingly small maintenance issues can balloon out of control if left unresolved.

Improvements/Modifications to the Property

It is often the case that a business owner will want to change a property to accommodate their business. These changes can range from painting the walls to installing heavy machinery. Disputes may arise over the tenant’s right to make these changes and who is responsible for paying for them.

Early Termination/Subleasing

If a tenant wants to vacate the property before the lease term is finished, it can lead to serious conflict with the landlord. For example, it may be that each side disputes how much money is owed to the landlord in that situation, or the tenant may wish to sublease someone else, and the landlord disputes their right to do so.

Resolving Commercial Property Lease Disputes

Most of the time, when it comes to resolving commercial property lease disputes, both landlord and tenant are keen to avoid litigation. However, the path to resolution can vary greatly depending on the situation. For instance, the landlord may want to take advantage of increased rental prices in the area, or it maybe the global pandemic has caused economic problems for both parties, and they are just trying to keep their heads above water. Whatever the situation, here are some general tips to minimize the fallout.

First, don’t say anything you’ll regret. It’s a lot easier to escalate than to de-escalate a situation. Once emotions come into play, people are less inclined to compromise. Also, you may have an ongoing relationship with the other party for years to come, which can be awkward if you’ve personally offended them.

Having taken a breath, your next step should be to consult an attorney. You need to understand your legal position before negotiating a fair resolution, and you need to be sure you aren’t missing any critical deadlines. Also, an experienced real estate attorney will typically better understand what options are available in a given situation. If you are a business owner strapped for cash, it may sound counter-intuitive to hire a lawyer, but you are much more likely to have a better outcome with professional help.

Southern California Real Estate Experts

If you are a commercial landlord or tenant having a dispute over your property lease, don’t let the problem snowball. Rely on our experienced real estate attorneys to help resolve your commercial property lease dispute. Contact us today to schedule a consultation.


What You Should Know About Cryptocurrency and Estate Planning

What You Should Know About Cryptocurrency and Estate Planning

Estate planning has been thrown for a loop when it comes to figuring out the best way to negotiate crypto-assets alongside traditional assets and holdings. While cryptocurrency can be arranged into estate planning, securing digital assets falls outside of a typical will. 

For those who are just beginning to enter these murky waters, it’s important to find out how to reconcile crypto-assets in the estate planning process and which pitfalls to avoid. 

Understanding the Concerns With Crypto

Like in typical estate planning, digital assets will need to be divided among beneficiaries and distributed by an executor or a trustee. However, the primary stumbling block in the process has become how to locate and transfer the necessary information to access digital accounts. Unlike a will, there is no template for managing cryptocurrency after death, and keeping the digital information private is of utmost importance.

Documenting and Establishing Who Has Access

While there is no unified form to direct crypto allocation in the estate planning process, the options have become more streamlined. The most important aspect is to make sure that any crypto-assets have been clearly documented in the estate plans and that someone, somewhere, will have access to the seed phrases and private keys necessary for access and distribution. 


As it stands, digital-asset custody services are available and equipped to hold seed phrases or private keys necessary to access crypto accounts. Ownership is not easily transferred in self-sovereign assets, and, as such, the custody of the keys for safekeeping relies on specific guidelines for release. 

Placing Crypto in a Trust

Placing crypto in a trust can help shield it from estate taxes while keeping access keys safe and secure. For example, suppose clients are unsure that other family members or executor services are proficient enough to access and evaluate the digital assets. In that case, financial advisors can be named as trustees. 

Naming Beneficiaries

Naming beneficiaries in a traditional will can be risky unless the signer has explicitly communicated plans. Many beneficiaries with access to parts of the seed phrase can make distribution difficult to negotiate if tensions are high. 

Guiding Clients on Wallets 

The current guidance is for users to appoint trustees, advisors, or trusted family members to be two out of a three-part multi-signature wallet rather than the self-sovereign option. Then, when the account holder is no longer available, the two other keyholders will be able to access the necessary information with their signatures alone. 

We Can Help With Cryptocurrency Estate Planning

Cryptocurrency can be a great addition to your legacy strategy, but you must know to ensure it is passed on. Our experienced cryptocurrency estate planning attorneys can help you navigate through the process. Contact us today for a consultation.