How do you preserve evidence for a commercial leasing dispute?

1 Document everything

One of the most important steps in preserving evidence is to document everything related to the dispute. This includes any written or verbal communication between you and the other party, such as emails, letters, texts, phone calls, or meetings. You should also keep copies of the lease agreement, invoices, receipts, notices, or any other relevant documents. Make sure to date and sign every document and store them in a safe and accessible place.

2 Take photos or videos

Another way to preserve evidence is to take photos or videos of the premises or the items in dispute. For example, if you are claiming that the landlord failed to maintain the property or caused damage to your equipment, you should take photos or videos of the condition before and after the dispute. You should also capture any evidence of repairs, improvements, or alterations that you or the landlord made. Make sure to label and date the photos or videos and store them in a secure and accessible place.

3 Hire an expert

In some cases, you may need to hire an expert to provide an opinion or a report on the dispute. For example, if you are disputing the market value of the rent or the fair wear and tear of the premises, you may need to hire a valuer or a surveyor to assess the situation. An expert can also help you identify and collect any other evidence that may be relevant to the dispute. Make sure to choose a qualified and reputable expert and keep a record of their fees and services.

4 Follow the dispute resolution process

Another tip to preserve evidence is to follow the dispute resolution process outlined in your lease agreement or the applicable law. Depending on the nature and severity of the dispute, you may be able to resolve it through negotiation, mediation, arbitration, or litigation. Each method has its own advantages and disadvantages, so you should consult a lawyer before choosing one. You should also comply with any deadlines, rules, or procedures that apply to the dispute resolution process and keep a record of your actions and outcomes.

5 Seek legal advice

Finally, you should seek legal advice from a lawyer who specializes in commercial leasing disputes. A lawyer can help you understand your rights and obligations, review your evidence, advise you on the best course of action, and represent you in the dispute resolution process. A lawyer can also help you avoid or minimize any potential risks, liabilities, or costs that may arise from the dispute. Make sure to choose a lawyer who has experience and expertise in commercial leasing disputes and keep a record of their fees and services.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?