Legal Question in Business Law in California

Breech of business lease

I have a situation where I recently opened a new business and signed a one year lease for the space we are in. I opened a skin care salon which requires a quiet tranquil atmosphere. Not long after we moved in we started having trouble with our tenants next to us. Their children run around in front of our business yelling and screaming, skateboarding and roller skating. I have asked the tenant to ask their children not to play in front of my business with no response. I have notified the owner both verbally and in writing regarding this problem. Is this considered a breech of contract on his part and would we have a legal standing if we try to get out of our lease and move.


Asked on 11/20/02, 7:34 pm

3 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Breach of business lease

Our analysis would start with the terms of your lease. However there are other factors to consider. Primary among them is the presence of your neighbors. Were they there before you took the space? Did they move in afterwards?

Chances are you are going to be stuck with the terms of the lease, but you may be able to get out of it with the help of an attorney. Feel free to contact me for more advice.

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Answered on 11/21/02, 1:20 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Breech of business lease

The outcome of your situation, from a purely legal standpoint, depends almost entirely on the language of your lease. You will need to have an attorney review the relevant lease language.

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Answered on 11/20/02, 7:52 pm
David Pearson Law Offices of David S Pearson

Re: Breech of business lease

Whether a breach exists in the lease depends upon the lease which you signed. In order to answer your question, an attorney would need to read your lease.

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Answered on 11/20/02, 9:49 pm


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