Landlord's Responsibilities

In a standard commercial lease, the landlord is obligated to grant you exclusive possession and quiet enjoyment of the premises, as well as provide heat, water and any other services agreed to in the lease. If the landlord fails to fulfill any of these obligations, do not under any circumstances withhold rent. Doing so will provide the landlord with grounds to evict you.

If your landlord fails to meet any of his or her lease obligations, your first course of action should be to speak to them. Try to reach an agreement. If you have a good relationship with the landlord, s/he may be receptive to your concerns and work with you.

After you have spoken to the landlord and an agreement is reached, put it in writing, send a copy to the landlord for signature and keep a copy for your records. If you are unable to speak to the landlord directly, write down your concerns (and possible solutions) and mail them to the landlord. If possible, send the letter certified mail and/or request a signature. Always keep a signed and dated copy of all correspondence in your files. You can also try sending an email to your landlord and copying the message to yourself.

Another option is to have your documents notarized (a.k.a. notary public.) Notaries are legally authorized to witness a signature and certify a document’s validity. They are often available free of charge at banks or may charge as little as $1 per document.

Check your lease for a provision on handling disputes with your landlord, and follow its course of action. When drafting the lease, set standards for mediation. For example, require that both parties agree to use a specific mediator, or that mediation occur before any legal action can be taken.

Mediation can be effective if the landlord interferes with your use of the premises, or refuses to take action against another tenant who is interfering with your use. See Chapter 25: When Disputes Arise.

If your dispute escalates, your final recourse is to seek legal assistance. An attorney can advise you on the best course of action, costs, and possible outcomes. If necessary, you can go to court to coerce the landlord to fulfill his or her obligations. For more information on hiring an attorney, review Chapter 4: Professional Services.