Commercial lease disputes in the East Bay
Counsel for commercial landlords and business owners on lease defaults, rent and operating-expense disputes, assignment and renewal problems, from an office in Point Richmond.
This page gives general information, not legal advice, and does not create an attorney-client relationship. Every lease is different; the answer to a lease problem usually starts with the lease itself.
Common commercial lease disputes
- Defaults and unpaid rent, including notice and cure provisions in the lease
- Operating-expense, CAM and tax pass-through disputes, including year-end reconciliations
- Assignment, subletting and landlord consent
- Renewal and option rights, and holdover tenancies
- Security deposits and personal guaranties
- Build-out, repair and maintenance responsibilities
- Early termination, abandonment and relocation
Where to start
Gather the signed lease and every amendment, guaranty, notice and piece of correspondence, along with the rent ledger and any expense statements. Read the lease’s notice, cure and dispute-resolution clauses before replying to anything. Some leases require mediation or arbitration, or give a prevailing party attorney fees, and those terms shape the options. Many disputes settle at the letter or negotiation stage.
If a case goes to court
A landlord seeking possession of commercial space usually files an unlawful detainer case, which moves faster than most civil cases; other claims, such as unpaid rent or damages, can be brought as ordinary contract claims. The office handles state and federal litigation and arbitration; see litigation and trials.
A note on Richmond’s rent rules
The Richmond Rent Ordinance concerns residential rental units. A commercial lease is generally governed by its own terms and by state law rather than by the City’s rent control and just-cause rules. Residential landlords should see the Rent Ordinance checklist.
About the office
Daniel R. Butt has practiced in California since 2012, holds a California real estate broker’s license, and is President of the Point Richmond Business Association, so he works with the local business community from both the legal and practical side. Before signing a lease, a pre-signing review can prevent many of the problems above; see business and contracts.
Talk with the office
Call (510) 255-1094, email daniel@buttlaw.com, or use the contact form. The office at 111 Park Place, Suite 204, in Point Richmond is open Monday through Friday, 9 a.m. to 5 p.m. Please do not send confidential details until the firm has confirmed in writing that it represents you.