5 Common Causes of Commercial Landlord/Tenent Disputes and What to Do About Them

 Posted on August 09, 2026 in Business and Commercial Litigation

A good commercial lease should make the relationship between a landlord and tenant predictable. Both sides know what they owe, how long the lease lasts, and what happens if something goes wrong. Unfortunately, even a carefully drafted lease cannot prevent every disagreement.

Commercial lease disputes can threaten a landlord’s investment or interfere with a tenant’s ability to operate a business. When these disputes must be resolved, our Montgomery County commercial landlord/tenant dispute attorneys work closely with clients to determine whether the problem can be resolved in negotiation or requires aggressive litigation. 

What Causes Most Commercial Landlord/Tenant Disputes?

Although every commercial lease is different, certain disagreements show up more than others. 

Disagreements About Rent and Other Charges

Commercial tenants often pay more than a basic monthly rent. Depending on the lease, the tenant may also be responsible for part of the building’s operating expenses. This can create problems when a tenant believes a charge is not permitted by the lease.

Problems become more serious when a tenant stops paying altogether. A landlord may have the right to pursue unpaid rent or take possession of the property, but exactly how this can be done depends on the lease and Maryland law. Tenants facing a payment dispute should also take notices from the landlord seriously.

Disputes Over Repairs and Maintenance

A commercial tenant may expect the landlord to fix a serious problem with the property, only to discover that the lease places responsibility on the tenant. The opposite can happen as well.

Commercial leases often divide maintenance duties differently from residential leases. Neither side can assume that a maintenance issue is automatically the landlord’s problem. 

Using the Property in a Way the Lease Does Not Allow

Commercial leases usually place limits on how rented space can be used. A tenant who leased a property for one kind of business may later want to change its operations, but the landlord may object if the new use falls outside the agreement. Similar disputes come up when a tenant makes major changes to the property without getting permission first. 

Leaving Before the Lease Ends

A business can change dramatically during a long commercial lease. A location that made sense five years ago may no longer work. Unfortunately for the tenant, deciding to move out does not simply end the obligation to pay rent.

Sometimes, a lease gives the tenant a way to transfer its interest to another business or negotiate an early exit. If it does not, simply abandoning the property is not a good idea, especially because a negotiated exit is usually preferable to both sides.

Staying After the Lease Expires

The end of a lease can create its own problems. Sometimes, the tenant wants to remain, believing it properly exercised a renewal option. In other cases, the tenant stays after the landlord believes the tenancy has ended.

Under Maryland Real Property Code § 8-402, a "holdover tenant" that stays past the lease's expiration date can be liable for the landlord’s damages. The damages are usually at least the amount of the rent during the holdover period and sometimes much more.

What Can a Commercial Landlord Do When a Tenant Breaches the Lease?

A landlord cannot assume that a breach automatically gives the landlord the right to remove a commercial tenant. Maryland has a legal process for recovering possession. In many cases, however, the landlord must first provide 30 days’ written notice stating that the tenant is in violation and that the landlord wants to repossess the property.

Moving too quickly can create further legal problems. Waiting too long can also allow unpaid rent or damage to accumulate, making recovery harder. An attorney can help a commercial landlord choose a response that protects the property without creating avoidable legal risk.

What Should a Commercial Tenant Do in a Dispute with a Landlord?

Commercial tenants should begin by reading the lease rather than relying on what they remember negotiating years earlier. The answer may depend on a clause that seemed unimportant when the agreement was signed. Bringing an attorney into the dispute as soon as possible may make it easier to find out exactly what the lease requires and to negotiate a workable solution.

Not every commercial landlord/tenant dispute needs to become a lawsuit. Both parties usually have financial reasons to resolve the problem without fighting in court. When negotiation fails, however, either side may need litigation to enforce the lease or recover losses.

Call a Montgomery County Commercial Landlord/Tenant Dispute Attorney Today

Commercial lease disputes put valuable property and a business’s operations at risk. A Frederick County business dispute lawyer at Fox & Moghul can review your lease and help you decide on the most effective way to move forward.

With more than 300 five-star reviews, Fox & Moghul has highly experienced attorneys who have represented clients in a wide range of business disputes. Call 703-652-5506 to discuss your case.