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Commercial Lease Disputes
Commercial Lease Attorney in Arizona
A commercial lease dispute can shut down a business location fast. Arizona Litigation Group moves quickly on lease disputes because your ability to operate is usually on the clock.
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What Are the Most Common Commercial Lease Disputes?
Quick answer: Disputes over unpaid rent, common area maintenance (CAM) charge disagreements, lease termination and holdover issues, disputes over required repairs and maintenance responsibilities, and disagreements over lease renewal or assignment terms are among the most common commercial lease disputes we handle in Arizona.
On This Page
- What Are the Most Common Commercial Lease Disputes?
- Commercial Leases Are Not Residential Leases
- Common Area Maintenance (CAM) Disputes
- Lease Termination and Holdover Disputes
- Repair and Maintenance Responsibility Disputes
- Eviction and Unlawful Detainer Actions
- What You Can Recover
- How These Disputes Get Resolved
- FAQs
Commercial Leases Are Not Residential Leases
Arizona’s residential landlord-tenant protections generally do not apply to commercial leases. Commercial lease disputes are governed primarily by the terms of the lease itself and general contract law, which is exactly why the specific language of a commercial lease matters so much more than most business owners realize until a dispute happens.
Awards & Recognition
Founding Partners Michael Tamou and Simon Touma’s commercial real estate litigation work has been independently recognized, earned, never purchased.
Common Area Maintenance (CAM) Disputes
CAM charges, the tenant’s share of costs for maintaining shared building or property areas, are a frequent source of disputes, particularly when a lease’s CAM provisions are vague about what costs qualify or how they are calculated.
Lease Termination and Holdover Disputes
Disagreements over whether a lease was properly terminated, whether a tenant has the right to remain (holdover) after a lease term ends, and what happens to a security deposit or improvements at termination are common, high-stakes disputes.
Repair and Maintenance Responsibility Disputes
Commercial leases typically allocate maintenance and repair responsibilities between landlord and tenant, disputes often arise over who is responsible for a specific repair, especially for major systems like HVAC or roofing.
Eviction and Unlawful Detainer Actions
When a commercial tenant fails to pay rent or otherwise breaches the lease, a landlord may need to pursue an eviction (unlawful detainer) action, a specific, often fast-moving legal process with its own procedural requirements.
Dealing with a commercial lease dispute in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What You Can Recover
Remedies & Damages
Arizona commercial lease disputes can result in damages, eviction, or specific enforcement of lease terms depending on the situation.
For Landlords
Unpaid rent recoveryPast due amounts
Eviction / possessionRegain the space
Property damage costsRepair costs
For Tenants
Wrongful eviction damagesCase-specific
Breach of quiet enjoymentCase-specific
Lease enforcementSpecific performance
Attorneys’ Fees
Often recoverableA.R.S. § 12-341.01 or lease terms
Read the Lease Before You Assume Your Rights
Commercial leases are contracts first, the specific language your lease uses generally controls far more than general landlord-tenant assumptions.
How These Disputes Get Resolved
Litigation Strategy
Common Positions Raised in Lease Disputes
Constructive eviction: the landlord made the space unusable, effectively forcing the tenant out.
Improper CAM calculation: charges do not match what the lease actually allows.
Failure to mitigate: a landlord did not reasonably try to re-lease a vacated space.
Waiver: a party’s past conduct undercuts their current position.
Common Questions
Commercial Lease Attorney in Arizona FAQs
Do Arizona’s residential tenant protection laws apply to my commercial lease?
Generally no, commercial leases are governed primarily by the lease’s own terms and general contract law, not residential landlord-tenant statutes.
Can a landlord evict a commercial tenant without going to court?
No, a landlord generally must use the formal eviction (unlawful detainer) process, self-help eviction carries real legal risk for a landlord.
What happens if my lease doesn’t clearly define CAM charges?
This is exactly the kind of ambiguity that leads to disputes, and often requires litigation or negotiation to resolve based on general contract interpretation principles.
Can I get out of a commercial lease early?
It depends on the lease’s specific termination provisions, and whether the other party has breached in a way that excuses your performance, this is worth a careful review with an attorney.
Who pays attorneys’ fees in a commercial lease dispute?
Often the prevailing party, either under the lease’s own attorneys’ fees clause or Arizona’s general contract fee-shifting statute, A.R.S. § 12-341.01.
Key Takeaways
- Commercial leases are governed primarily by their own terms, not residential tenant protections.
- CAM charge disputes are common when lease language is vague about qualifying costs.
- Landlords must use the formal eviction process, not self-help, to remove a tenant.
- Attorneys’ fees are often recoverable by the prevailing party in a lease dispute.
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Arizona Litigation Group · Phoenix Office
The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
