Legal Question in Business Law in California

Can a commercial landlord use your business space without prior consent or notice? Our business landlord did and said she can do it anytime she want to; AND she used it to allow another person to use it for the same services we offer!!! Also, our clients are exclusive to thier retirement home ONLY! HELP!!!

in San Diego


Asked on 10/05/11, 6:06 pm

2 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

If you are leasing the space and you have not abandoned that portion of the property, then I don't see why the landlord would be able to lease it to someone else without breaching the agreement. If you are leasing the space, then you should have exclusive possession of that space. You should review your lease agreement and contact an attorney to discuss your options.

Feel free to contact me should you want to discuss this further.

Kind regards,

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 10/05/11, 6:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unless there is something very unusual about your lease, or the landlady and you have a misunderstanding about "common areas" or something like that, the landlady is way off base. Sorry, I don't understand your concluding comment about a retirement home. A landlord is not supposed to enter a tenant's property except in an emergency or to provide contracted-for services such as janitation.

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Answered on 10/05/11, 6:30 pm


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