Navigating Commercial Lease Disputes

Contact our civil litigation attorneys in Reading, Kutztown, Harrisburg, Media, and Wilkes-Barre.

Commercial leases are a common feature in many business operations today, as they provide companies with the necessary space for growth and stability. However, there are disputes surrounding these leases at times. When these disputes arise, they can disrupt operations, strain finances, and damage relationships. A civil litigation attorney can advise landlords and tenants of the causes of these conflicts so that they can avoid litigation by employing strategies to resolve them.

Lease Agreement Disputes

Some commercial lease disputes stem from ambiguities or oversights within the lease agreement itself. These contracts are often lengthy and highly detailed, covering rent structures, maintenance obligations, permitted use, and renewal terms. Issues may arise when language is vague or open to multiple interpretations.

Disagreements may occur over responsibility for repairs and improvements. For example, a landlord might argue that the tenant is responsible for certain repairs, but the tenant believes the landlord is responsible.

These disputes can also arise over rent escalation clauses if the method of rent increase is unclear. If the terms are not updated during renewal periods, or if the documentation isn't consistent, it can also lead to conflict.

Companies can mitigate these risks by conducting thorough legal reviews before signing a lease and ensuring that the lease clearly outlines their rights. Being transparent from the start makes it less likely that problems will arise later.

Landlord-Tenant Conflicts

Some possible points of contention include late payments, unpaid rent, or claims that the tenant is not adhering to zoning or permitted use rules. Tenants may also complain about the condition of the property, stating that landlords have not maintained basic services, such as heating, plumbing, or parking.

Landlords, on the other hand, may accuse tenants of property damage, unauthorized alterations, or disruptive operations that affect neighboring businesses. In some cases, broader economic factors—such as sudden market downturns—can increase tensions as tenants struggle to meet rent obligations. At the same time, landlords rely on steady income to cover their own financing and upkeep costs.

A communication breakdown can cause even minor issues to escalate into full-scale disputes, threatening both business continuity and property value.

Resolution Strategies

A plan for solving problems can save time, money, and relationships. The first step is open communication. It sometimes possible to resolve disagreements through direct discussion.

Mediation may also be possible. A neutral third party facilitates communication between the parties and helps them find a middle ground without resorting to court action. Arbitration is another option. It is a more formal process, and both sides must follow the decision rendered.

Litigation is often the last resort when the parties cannot resolve disputes privately. But it can be costly and time consuming.

The best way to avoid long-lasting arguments is to take proactive steps, such as writing clear agreements, maintaining open lines of communication, and keeping detailed records of all interactions.

Experienced Litigation Attorneys You Can Trust

An experienced civil litigation attorney will specialize in representing parties involved in real estate contract breaches. Whether you are the plaintiff or defendant, the expert legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.