Breach of a Commercial Lease: A Landlord's Remedies
What a commercial landlord can do when a tenant stops paying or violates the lease.
What can a landlord do when a tenant breaches a commercial lease?
When a commercial tenant stops paying or otherwise violates the lease, the landlord's remedies depend heavily on the lease terms. In broad strokes, a landlord can pursue unpaid rent, terminate the lease and recover possession, and seek damages — and a well-drafted lease expands and speeds up those options.
Common landlord remedies
- Recover rent that is due, plus late fees and, where the lease allows, attorneys' fees;
- Terminate and evict to regain possession through the proper legal process;
- Re-let the space and hold the tenant responsible for the shortfall, subject to the duty to mitigate; and/or
- Draw on security — the deposit and any guaranty.
Why the lease drives everything
The remedies a landlord can actually use — acceleration, confession of judgment, fee recovery — come from the lease. A landlord should confirm what its lease provides before acting, and should avoid steps (like a lockout) that could turn into a constructive-eviction claim.
How Nochumson P.C. helps
Nochumson P.C. enforces commercial leases for landlords in litigation, from rent recovery to possession. Contact us when a tenant defaults.
Related articles:
- How a Landlord Legally Evicts a Tenant in Pennsylvania
- The Covenant of Quiet Enjoyment (Commercial Leases)
- Defending a Constructive Eviction Claim: A PA Landlord's Guide
- How PA Property Owners Remove Squatters
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