In the world of commercial real estate, landlords often face unforeseen challenges that test their resilience and strategic acumen. One such case that recently came to a successful resolution involved a commercial landlord who found itself in a precarious situation due to a tenant’s prolonged failure to pay rent.
This is the story of how WG turned a challenging unlawful detainer case into a triumphant legal victory.
The Challenge: A Year Without Rental Income
Our client owns a high-end commercial property complex in the fast-casual dining space, and its tenant stopped paying rent for over a year. Despite numerous attempts to work with the tenant, including offering concessions and negotiating terms, the tenant failed to uphold its obligations, pushing the landlord to file suit.
The goal was clear: reclaim the property and re-lease to a paying tenant, while securing the overdue rent that was due from the deadbeat tenant.
Legal Hurdles: Navigating a Complex Terrain
Commercial unlawful detainer is a specialized area of law that is fraught with challenges, some foreseeable and some unforeseeable. Attorneys are required to navigate the various state and local requirements as well as the practices and preferences of the individual courtroom to which the case is assigned.
Court Delays: The legal process was hampered by significant delays within the court system, including a week-long shutdown of the Court’s technological systems owing to a worldwide technological outage. These delays threatened to exacerbate the financial strain on our client, who had already endured a year without rental income.
Lease Agreement Complications: The lease agreement itself had ambiguities that had the potential to complicate the case, as they could be exploited by the tenant’s legal team to delay proceedings or contest the claims.
Communication Barriers: Poor communication between the tenant and their attorneys further complicated matters. This breakdown in communication frustrated settlement efforts, increasing the stakes for our client.
Strategic Legal Approach: Turning the Tide
Despite these obstacles, we remained steadfast and strategic. Our approach involved:
Procedural Compliance: We ensured compliance with the many procedural and technical requirements for obtaining a favorable unlawful detainer judgment, including use of discovery and other procedural tools to secure evidence and narrow the claims and issues, including seeking targeted relief for eviction and monetary damages.
Navigating Delays: Our team navigated foreseen and unforeseen delays with perseverance, employing novel solutions to expedite the process and eliminate additional delays.
Effective Communication: We maintained clear and effective communication with clients, opposing counsel, and the court, which helped streamline the legal proceedings and reduce unnecessary trial delays.
The Victory: A Significant Six-Figure Judgment, and Eviction / Restoration of Property Rights
In a resounding victory at trial, the court ruled in favor of our client, awarding them a substantial six-figure judgment based on unpaid rent and damages. This not only provided financial relief for the landlord but also allowed them to regain control of their valuable commercial property and undertake efforts to secure a replacement.
The successful resolution also set the stage for further legal action to address additional claims and issues between the parties. WG continues to represent the landlord in these ongoing matters, building on the momentum of this significant win.
This case stands as a compelling example of how persistence and strategic planning can lead to favorable outcomes, even in the face of significant challenges. WG is committed to achieving the best possible practical and legal results for our clients, no matter how complex the situation.
If you’re facing a similar legal challenge or need expert representation for your business disputes, don’t hesitate to reach out to us. Our experienced team is here to help you navigate the complexities and secure the outcomes you deserve.
Certain details have been modified in the interest of privacy.