Legal Question in Business Law in California

Re: Business needs landlord/tenant advice

In situations like this, there aren't a ton of remedies in the legal arena; the best way to handle them is through negotiations. Sometimes, however, the only way to get into negotiation is to file a lawsuit and try for a quick, out-of-court solution under the compulsion of the suit. I think a tenant has the legal standing, same as an owner, to bring suit for private nuisance against another tenant. If the impact on your business warrants the expenditure, see if a local attorney with some real-estate specialization can find grounds for a private nuisance suit against the neighboring business. It's theoretically possible to sue the landlord too, but since it is being cooperative, I see little to no value under the stated facts.

Re: Business needs landlord/tenant advice

I agree with Mr. Whipple's answer. I wish I could offer more specific guidance, but your rights depend largely upon what your lease says and how the other shop is hurting your business. It's hard to offer meaningful guidance without this information.

Re: Business needs landlord/tenant advice

What is your neighbor doing that is "careless?" Your rights depend on the answer. If the carelessness is something for which the landlord bears responsibility, and the carelessness amounts to an interference with your rights under the lease (including the right to quiet enjoyment), and the landlord is refusing to do something about it, you may have grounds to terminate the lease, or otherwise sue for breach of the lease (and recover damages). However, this is a very decisive step and one that shouldn't be made whimsically or emotionally.

You may also have rights against the other business. You could possibly seek an injunction to stop the carelessness. Or seek damages against the other business. Again, it all depends on what you mean by carelessness. This could be something egregious or could be something that you merely dislike. Without knowing more, you are not going to get any answers that are particular to your situation. Rather, you will only receive general statements of law.

What is the carelessness? Feel free to email.