Common Commercial Real Estate Lease Disputes and Resolutions

 Posted on April 17, 2025 in Commercial Lease Agreements

Lease agreements are an integral part of business in the United States. These contracts state the length of the lease and terms that each party, tenant and landlord, must adhere to while it applies. When landlord-tenant disputes arise, either side may need the support of a Naperville, IL commercial real estate dispute attorney to help iron out the issues in accordance with Illinois law.  

Commercial Lease Disputes in Illinois

Disputes between business owners and landlords can occur over almost anything. However, among the most common issues are:

• Unpaid rent: Failure to pay rent on time can present problems. When a tenant fails to pay rent, the landlord must follow Illinois law concerning notices and eviction.

• Property maintenance: Landlords are generally responsible for maintaining their property, but sometimes, the tenant is liable for damage.

• Violation of the lease agreement: Using the property for purposes unauthorized by the landlord or subleasing without speaking to the owner are common lease violations.

• Security deposits: Tenants may disagree with charges deducted from their security deposits for damages and repairs.

• Insurance disputes: Issues can arise when tenants fail to meet the insurance requirements outlined in the lease.

• Lease renewals: Both parties may dispute over the lease terms, such as increased rent, when the time comes to renew.

Resolving these disagreements can be complicated and a legal representative can protect their client's rights and ensure the law is applied efficiently.

Possible Resolutions for Landlords

Landlords have several options for resolving commercial lease disputes. They can terminate the lease, but this also removes the tenant’s requirement to pay. Eviction is a common solution for breaching the contract for failing to pay. However, this also releases tenants of their payment obligations. Filing a civil lawsuit to demand the cost of rent and damages can be done whether the tenant remains or vacates.

Possible Resolutions for Tenants

If the landlord significantly interferes with the tenant's ability to enjoy the property, ending the lease is sometimes the most reasonable solution. Tenants in an undesirable rental situation can sometimes leave and use a defense strategy known as constructive eviction for their failure to pay the rent. The tenant can also sue for damages. In some cases, both parties may agree to a rescission, canceling the lease and reaching an agreement regarding obligations.

Speak With a DuPage County, IL Commercial Lease Dispute Attorney

At Lindell & Tessitore, P.C., we have experience with both sides of commercial lease agreement disputes. Our goal is always to negotiate the most beneficial circumstances for our clients. If you have questions about your leasing agreement and your legal options for resolving a dispute, call 630-778-3818 to schedule an initial meeting with an Oak Brook, IL commercial lease dispute lawyer today.