Fayetteville Commercial Landlord-Tenant Disputes
Northwest Arkansas, including Fayetteville and surrounding areas, has experienced significant economic growth over the past half-decade. Commercial real estate development is booming, with large corporations and small businesses attracted by our state’s lower cost of living and high quality of life. Commercial landlords receive friendly treatment by the law in Arkansas, with “caveat lessee” (let the tenant beware) the general legal interpretation of commercial lease terms.
However, just because Fayetteville is a great place to own commercial property, it does not mean your job as a property manager or owner is an easy one. Depending on the number or type of properties you oversee, you may find yourself in conflict with tenants. Landlord-tenant disputes not only create financial stress for your enterprise – they may also put your community reputation at risk.
At Clark Law Firm, PLLC, our team of respected and experienced real estate attorneys are capable of directing you during a conflict with a lessee. We regularly work with local landlords and serve as local counsel for out-of-state property owners. We understand your time and money are valuable and work hard to minimize both when legal conflicts arise.
Points Of Friction That Can Cause Landlord-Tenant Conflict
Landlord-tenant disputes can come from many sources. Commercial property tenants, just like tenants of residential dwellings, have certain obligations defined under the terms of the lease they sign with you. You may come into conflict with your tenant if any of the following happen:
- Nonpayment of rent
- Violating the terms of the lease
- Unauthorized persons occupying the commercial space
- Failure to pay late fees
- Property damage caused by tenant’s actions
- Tenant altering the property without permission
- Holdover tenancy (refusing to leave when the lease ends)
Our firm’s legal staff can help you draft clear, easy-to-understand leases for your commercial tenants and provide guidance on how to explain the lease terms to them. We can also listen to you when a conflict arises and explain your options, which may include mediation, arbitration or litigation.
Understanding Your Contractual Obligations In A Commercial Lease
As mentioned earlier, landlords have some advantages in the way Arkansas state law treats their obligations. However, you must abide by the terms set forth in the lease contract, too. Some of those obligations include:
- A written notice in the lease that indicates whether the tenant can modify the property to erect signage or otherwise adapt the property for their use
- Include precise language about rent payments in the lease in the section about lease renewals, which is essential for the enforceability of renewal options and to avoid litigation
- Ensure a guarantor for the tenant executes a signed guaranty statement as an exhibit to include with the original lease
These are only a few of the obligations you must observe as a landlord. If you find yourself in a landlord tenant dispute or have questions about whether you’re legally bound to do something related to your commercial property lease, our Arkansas commercial real estate lawyers can explain what the law requires you to do.
How The Commercial Eviction Process Works In Arkansas
Our state has a highly procedural set of rules governing commercial tenant eviction. Self-help actions you might take to get the tenant off your property – including cutting off utilities, changing locks or removing doors – are not lawful.
Here are the basic steps to properly performing a commercial eviction:
- You must serve your tenant with a written 3-day Notice to Quit (for non-payment of rent or other breaches of the lease).
- You must file a lawsuit against your tenant in circuit court. You may request a prejudgment Writ of Possession, which is a court order allowing you to regain possession of the property before the final trial if the tenant fails to file a timely objection or loses their hearing.
- The tenant will be served with a court summons and has five days (excluding Sundays and legal holidays) to file a written objection to the issuance of a prejudgment Writ of Possession.
- The judge in circuit court will determine which party will receive a judgement of possession.
- If you win the judgement of possession, you must obtain a Writ of Possession to go through with the eviction.
- Upon being served with a Writ of Possession, the tenant is typically given 24 hours to vacate before the sheriff proceeds with physical removal.
Our attorneys can help you execute each step of the process in such a way that your eviction will stand.
Contact Us For Guidance And Representation In Landlord-Tenant Conflicts
Our attorneys at Clark Law Firm, PLLC, can advise you on your best options when you have a dispute with a tenant. To set up an initial consultation, call our office in Fayetteville at 479-802-4834 or use our messaging form to reach out to us.