Legal Question in Business Law in California
I own a small floral business and have signed a lease contract that has another year and a half left before it expires. The monthly rent with the cam is $3,500.00 monthly. About a year ago I asked the manager to reduce my monthly rent do to the reason. He verbally told me that the owners agree to accept $1,500.00 monthly until business picked up. I ask for this agreement in writing and the manager said no. That I should write payment in full in the memo section of my monthly rent check.
Can the landlords collect any moneys for back rent?
4 Answers from Attorneys
I would disagree with Mr. McCormick. I suggest that you send a letter to landlord confirming the modification of the rental agreement as well as write in the payment in full on the face of the check.
Also, take a look at the lease and see if it says anything about modifications. If it needs to be in writing, get them to give you something, or send a letter as Mr. Marman suggests, but you probably will need to get them to sign something.
As a Franchise Attorney I can say the other attorneys are right on point. Normally leases have a standard provision that any modification must be in writing and signed by both parties to be effective. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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