When you manage or rent commercial property, it’s common to come across harsh tenants who won’t cooperate. As the housing market becomes more difficult, this problem may increase as tenants become more critical of circumstances and pressures related to their occupancy or the property itself.

Most of the time, tenants will become difficult for their own reasons and will have planned the process; That is why it is of fundamental importance to take notes and record the activities of all parties.

Creating a paper record that includes evidence of agreements and comments will always be important to the process. Tenants and landlords will say many things and give specific instructions related to the problem; these must be recorded on paper and acknowledged to the people involved.

When this tenant hardship occurs, you should immediately refer to the lease document to determine exactly what situations and circumstances must occur. Please take due account of the timeliness of your response and the instructions of your client, the lessor.

The most important facts to consider in these situations are:

  • The terms and conditions of the lease documentation that apply to the tenant and the landlord
  • Local property law that applies to the property and location
  • The circumstances and situations that have created the problem.
  • The actions and responses of the people involved.
  • The paper trail and records relating to the event.
  • Any impact on the other occupants of the building or the owner

It must be said that some tenants would normally and happily cooperate in their daily occupancy and running of the building, but events on the property or responses from the owner or property manager may frustrate them. Property maintenance and air conditioning performance are some of the most emotional issues related to commercial tenants and property occupancy.

It’s no secret that some landlords are slow to respond to property issues, and that can inflame relationships with tenants. If you have to manage or lease property in such circumstances, always take note of the events and instructions.

When situations get out of control, it is the lease document that explains the relationships between the parties and the actions that must be taken. If the lease document is unclear regarding any current hardship, it is best to consult an attorney for guidance before taking any action.

It’s no secret that risk, liability, and negligence are factors that can impact the owner, tenants, or property manager. When disagreements occur, people’s actions and reactions to the problem become critical to the process and the outcome.