Legal Question in Business Law in California

Commercial Landlord-Tenant

I am a tenant. In my opinion, the landlord has been in default. I'm going to send a letter giving him 30 days to take action. However, I want to just get out of the lease. The conditions are horrible. However, the lease has this clause in it:

''In no event shall Tenant have the right to terminate this Lease as a result of Landlord�s default or offset any claimed amount against any Minimum Rent, Percentage Rent, Additional Rent or other sum then or thereafter due Landlord, and Tenant�s remedies shall be limited to damages and/or an injunction.''

My question is, is there a law in California that prohibits such a clause?


Asked on 10/14/08, 2:01 pm

1 Answer from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Commercial Landlord-Tenant

I think the better question is "What options do you have based on the language of the lease?" If the conditions are terrible and the lease is for an extended term, you should have an attorney look at the entire lease in light of the particular facts of your situation and get some guidance regarding your options. In this forum and without further information, there is really no way to provide any more specific recommendation.

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Answered on 10/14/08, 2:11 pm


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