Legal Question in Business Law in California

Landlord has not fixed items on fire inpection for my business license since May 2011. He also gave me a 3 day notice to pay the month of June because he forgot that he verbally okay'd me to pay later but did not re write the contract. Am I entitled to my deposit in return since Im moving out and give him 30 day notice

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Asked on 9/14/11, 4:42 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sounds like a commercial rental, and perhaps is a lease rather than a month-to-month. If so, you need a better reason than having given a 30-day notice to justify moving out and thus "breaking" the lease before it expires. Perhaps the landlord's failure to remedy items on a fire inspection is sufficient reason, perhaps not. A lawyer would have to review the lease, the fire department's specific punch list, and what the lease says about the permitted uses of the leased space. Most business licenses do not involve a fire inspection of the premises; this seems a little curious in itself. Maybe you need a special license to engage in a hazardous occupation?

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Answered on 9/14/11, 6:28 pm


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