Legal Question in Business Law in California

I have rented a store in May,2010. The lease contract says 3 unresevered spaces in front of the store. A new person rented a restaurant next door.He has overflow of customers that they leave no spots for our customers. We spoke with the property management and called the police many times after arguing with his customers to move their cars from our spots that say "market only". Also, the landlord has a water vending machine that blocks part of our front window, we asked him to remove it and he refused. Now he's asking us to pay more in CAM, we said that he's supposed to pay CAM with us as he has a machine that uses water, electricity and his customers use the parking lot and they park in our spots thinking it is our machine. Can we sue the landlord for making us losing business plus make him pay CAM as he has a business in the same plaza and he uses CAM services like other tenants.

We have pictures and videos supporting everything we mentioned


Asked on 3/05/13, 12:41 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

Unfortunately 3 unreserved spots would probably be interpreted to allow others to park there. If they were reserved you may be able to take actionlike towing. My bet is the vending machine was there and you would have a difficulty showing how you are damaged if you knew or should have reason it was there. Not sure how the water vending machne would make a significant impact on CAM fees. CAMS are based on percentage so I would ask how you know LL is not paying any part of that...You may need to have an attorney review your contract.

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Answered on 3/08/13, 7:40 am


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