15 Sep Unfair Rent in a Commercial Lease.
A tenant may have no legal right to complain, if a landlord is charging “unfair” rent which is well above the amount that a valuer might say is market rent. The lease determines the rent that is charged. In better times a deal may be struck between the landlord and the tenant. Over time circumstances and the economy may change. Rent is not however determined by the rental market at any particular time. Rental is determined only by the lease. But there may be other things which a tenant can do.
You may have heard the saying. “A row is never about, what a row is about”. In other words when people argue with each other, they often argue about the things which did not cause their initial dissatisfaction. Watch yourself in your next argument with your partner. Does the focus of that argument keep changing? It is the same in law.
A client comes to a lawyer with a complaint. Notwithstanding that the situation for the client may seem very unfair, the law may not support the complaint. If the complaint cannot be successfully argued in law then perhaps there is another way to skin that cat.
You may not care that your landlord did not give you proper disclosure. Your real complaint may be that rental is too high. Obviously you must focus on and fight the battles that can be won rather than focus on what caused your initial dissatisfaction.
If you have a legal dispute relating to a franchise or a lease contact us.