You're caught in a lease dispute between a landlord and tenant. How can you navigate the negotiation?

Take professional advice, understand your rights and how they apply to this specific sutation to fully understand all options available to you.

It is key to engage professional advice at an early stage whether a landlord or tenant. Through that advice understand where you stand what your options are what the likely result of any negotiations will bring and develop different strategies for those outcomes including if necessary a feasible exit path and costs associated with it.

Proper analysis of your lease agreement is crucial. While conducting this analysis, it is important to recognize that some lease provisions that appear to be in your favor may not be easily enforceable in court or before an arbitrator. Additionally, there may be alternative methods to more effectively assert your rights. For instance, seeking compensation from the insurance company might be more effective than pursuing a landlord or tenant initially.

En Colombia y según mi experiencia lo primero es identificar si es un arrendamiento comercial o urbano dado que para entonces el tramite es distinto. lo primero siempre es mediar, negociar con las partes para que se llegue a un acuerdo que satisfagan las necesidades de las partes, hoy en día el abogado debe dejar de ser un litigante y ser mas un negociador o socio para las partes. si este no es posible y debe resolverse por estrados suponiendo que es un arrendamiento comercial, deberíamos analizar quien esta incumpliendo el contrato las garantías que existen en el mismo y las exigencias legales correspondientes como renovaciones automáticas, clausulas penales, derechos del arrendador y arrendatario, aumento de cánones y otros varios

Addressing tenant issues effectively requires a harmonious triad: Dialogue, Mediation, and Listening. Dialogue: The first step is a honest communication. Landlords and tenants should engage in regular discussions to address concerns before they escalate. Transparent dialogue fosters trust and understanding, setting the stage for collaborative problem-solving. Mediation: When disputes arise, mediation can be a powerful tool. You as a neutral third party helps both sides find common ground, ensuring fair resolutions that respect the rights and needs of everyone involved. Listening: Lastly, active listening is crucial. Truly hearing and understanding each other’s perspectives can transform conflicts into opportunities for improvement.

As real estate professionals, we are certainly not lawyers and should undoubtedly seek support from asset management experts and specialized legal professionals. It’s crucial to communicate this clearly to the parties in conflict. Involving these experts ensures that we address issues comprehensively and professionally. Additionally, mediators from our professional associations can be a cost-effective alternative. They bring valuable mediation skills and industry-specific knowledge that can help resolve disputes efficiently. By leveraging the expertise of these specialists, we can provide more robust solutions and maintain the integrity of our professional standards.

Commercial lease agreements and their specifics require thorough legal knowledge and deep insight into the commercial real estate industry. It is uncommon for a judge in a common court to possess both the necessary knowledge and experience. Therefore, it may be much more efficient to pursue mediation or exercise the arbitration clause in your lease contract. This approach allows you to participate in selecting a mediator or arbitrator who possesses the requisite level of knowledge to effectively resolve your issue.

If you find yourself mediating between two parties in the commercial real estate sector, you may quickly reach your limits when trying to mediate and document everything simultaneously. It’s essential to bring in practical experience from colleagues in asset management or those with construction expertise. Their insights can provide the necessary depth and understanding to navigate complex issues effectively. Collaboration with experienced professionals not only ensures a fair and balanced approach but also enhances the credibility and quality of the mediation process. By leveraging the strengths of your team, you can facilitate more successful negotiations and achieve better outcomes for all parties involved.