Legal Question in Business Law in California

Is this contract legally binding and is there a way to opt out?

I have signed a contract for a lease of space and power in a commericial building.

The contract only consist of the start date, end date, monthly cost, what service is provided, and payment terms, which is at the begenning of each month.

There is nothing else on the contract, no ways of cancellation, nothing else.

I would like to know that if this is a legally binding contract and is there a way out?

Thank you.


Asked on 4/01/08, 6:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is this contract legally binding and is there a way to opt out?

Nothing else? Does it describe the premises? I don't know how you can have an enforceable lease of space that doesn't identify the space being leased.

Other than that, it is surprising to imagine a commercial lease without pages and pages of terms and provisions, but on the other hand they are not legally necessary to make the lease binding.

In particular, a lease for a definite term, i.e. with a specified starting and ending date, doesn't have to, and usually doesn't, have "ways of cancellation." The assumption is that the parties will be bound by the terms of the lease until it expires.

So, is it a legally-binding contract? Not if it fails to describe the leased premises, e.g. "Space 137 of the Funnyvale Commercial Center," or the like. If it has that, plus the other items you mentioned, the lease is probably binding.

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Answered on 4/01/08, 10:48 pm


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