Legal Question in Business Law in California
I was just informed by my commercial property landlord a amendment to our original lease is non-existant even though there is a amendment that was drafted by them and emailed to us. They are demanding we pay our rent with a $1000 increase. We have emails and texts with their representative in regards to this situation. What are my options?
2 Answers from Attorneys
Amending leases requires more than one party drafting it and e-mailing it to the other party. Among other things. signatures by both parties are generally required. Your first option is to obtain a competent legal opinion on what rent you are required to pay, based upon the original lease and any amendments, etc. that are truly effective, as opposed to merely drafted up and exchanged for comments. Subsequently, your options will depend upon the outcome of this first step and your ability to get the landlord into agreement (if you are right) or, if a competent opinion says you owe the additional $1,000, your options will be to pay or to breach the lease.
You need to have the original lease, any amendments, and all of the e-mails reviewed by an attorney. There is no way to tell you without reviewing all of the underlying documents and the facts of the transaction.
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