Common commercial lease disputes include disagreements over rent payments, operating expense calculations, permitted use provisions, assignment and subletting rights, lease renewal options, landlord's duty to maintain the premises, and tenant improvement obligations.

Common Area Maintenance (CAM) charges are fees passed from a commercial landlord to tenants for maintaining shared areas like lobbies, parking lots, and landscaping. Disputes often arise over what expenses are included, how they are allocated, and whether the landlord is overcharging. Tenants typically have audit rights under their leases.

Breaking a commercial lease generally exposes the tenant to damages equal to the remaining rent obligations, though landlords in California have a duty to mitigate damages by attempting to re-lease the space. Tenants may also have grounds to exit a lease if the landlord has breached a material lease obligation.

If a landlord's failure to maintain the property constitutes a breach of the lease, the tenant may be entitled to seek damages, rent abatement, or in severe cases, treat the lease as constructively terminated. The appropriate remedy depends on the lease terms and the nature of the maintenance failure.

Residential leases are heavily regulated in California, with strong tenant protections including rent control in many cities, just-cause eviction requirements, and habitability warranties. Commercial leases are generally governed by the specific lease terms and the California Civil Code, with far fewer mandatory protections.

A lease assignment transfers all of a tenant's rights and obligations under a lease to a new tenant. Most commercial leases require landlord consent for an assignment, though California law limits a landlord's ability to unreasonably withhold consent in certain circumstances.

A holdover tenancy occurs when a tenant remains in possession of the property after the lease expires without signing a new lease. California law typically converts a holdover into a month-to-month tenancy at the same rent, though commercial leases often specify harsher holdover rent penalties.

You should consult an attorney as soon as a lease dispute arises — before sending demand letters, before withholding rent, and before vacating the premises. Taking those steps without legal advice can inadvertently waive important rights or expose you to additional liability.