Legal Question in Business Law in California

I sublease part of my physical office to another business. Recently I discovered that the sub-lessee is allowing another business (one of her clients) to use my physical address as their mailing address for mail and packages. I was very upset that the sublessee did this without discussing with me first. My question is: Are there any potential liability issues for me as the primary lessee when another business is using my physical address for mail. Thank you for your time, Steve

Asked on 8/09/10, 4:15 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Send the other business' mail back to the post office.

Answered on 8/14/10, 4:23 pm

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

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Potentially, yes. The delivery and receipt of mail, and more broadly, the use of an address, are indicia of where a business is being conducted. Your lease probably contains limitations on what kind of business can be conducted in the space you've leased, and those restrictions are probably violated by the party using the address, and perhaps by your subtenant as well. I recommend being very strict and formal in carrying out your obligations as a tenant, and avoid subleasing without the explicit prior approval of your landlord. Further, both you and your landlord should keep an extremely tight rein on the subtenant, and not tolerate any nonsense of this kind, not the tiniest bit.

Answered on 8/14/10, 10:32 pm

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