Most commercial landlord-tenant relationships fail not over rent or possession, but over indemnification, insurance compliance, signage and use restrictions, and assignment or sublease consent. These disputes don’t always need a courtroom — but they always need a clear record and a written outcome.
What this practice area covers
Common commercial landlord-tenant disputes Dane handles
- Indemnification and tender-of-defense disputes
- Insurance coverage compliance — additional-insured, waiver-of-subrogation
- Signage, exclusive-use, and radius-restriction enforcement
- Assignment and sublease consent — reasonableness standards
- Use-clause violations and restrictive-covenant enforcement
- Right-of-first-refusal and option disputes
- Estoppel-certificate disputes during sale or refinance
- Holdover-tenant disputes and double-rent claims
Approach
Get the documentation right early
The first move in most commercial landlord-tenant disputes isn’t a lawsuit — it’s creating the paper record. A precise estoppel certificate, a documented insurance demand, a written tender of defense — these create the leverage that resolves the dispute before it costs either side more than it’s worth. Dane represents Reno-area landlords and tenants on both sides of these conflicts and routinely coordinates with brokers, property managers, and insurance counsel.
Frequently Asked Questions
Commercial landlord-tenant — frequently asked questions
Can a Nevada commercial landlord unreasonably refuse a sublease?+
Depends on the lease. If the lease requires consent ‘not to be unreasonably withheld,’ Nevada courts apply a reasonableness standard. If the lease grants absolute discretion, the landlord usually can refuse for any reason or no reason. The exact language controls.
What is an estoppel certificate and why does it matter?+
A statement signed by tenants confirming the lease terms, rent status, and any defaults — typically required by a buyer or lender during sale or refinance. Inaccurate or refused estoppel certificates can derail closings and trigger litigation.
Who pays for property damage under a commercial lease?+
Depends on cause and lease language. Insurance generally covers covered casualty; tenant-caused damage falls on the tenant; structural and uninsurable damage can fall on either side per the lease. Indemnity, waiver-of-subrogation, and additional-insured provisions all matter.
Can a tenant challenge a ‘sole discretion’ use clause?+
Limited paths. Nevada and California recognize the implied covenant of good faith and fair dealing, but courts hesitate to override clear contractual discretion. Challenges usually require showing bad faith, pretext, or violation of public policy.
What’s an exclusive-use clause and how is it enforced?+
A lease provision barring the landlord from leasing nearby space to a competitor. Enforcement is typically by injunction (see Preliminary Injunctions) and/or damages. Geographic scope and competitor definition are heavily litigated.