Legal Question in Consumer Law in California

I've been renting a commercial building for a few years. My lease is up for renewal. The company has a "recession buster" deal online for significantly less than my current monthly payment. It does not specify on the web site about who this deal is offered to, nor does it ask you to call for further info. Is it legal for this company to deny me the deal? They say it is for new tenants only and for new leases only, not for renewals. Please help.


Asked on 8/30/10, 2:33 pm

3 Answers from Attorneys

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

Tell them they either give you the deal, or you'll move.

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Answered on 9/04/10, 2:51 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Given the huge vacancy rate for business space, play hardball. Tell the landlord to offer you the new deal. If they refuse, move.

You'd have to show a lawyer the exact wording to know if you have any legal rights, but given the low rentals out there, this is a golden opportunity for you.

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Answered on 9/04/10, 4:14 pm

I'm rather surprised that these other attorneys don't seem to think that moving a business is any big deal. Leaves me to wonder if they have ever had more than a desk and a phone to call their office. In any case, if you can credibly threaten to move, then it's good advice. Otherwise, you are probably out of luck. There is a large body of rather old law that says that promotional advertising, even if very specific, is still only an invitation to make an offer to contract, not an offer that if accepted creates a binding contract. Therefore, from a legal standpoint, your landlord is free to say, "Ooops, no, even though we didn't say so, we are only willing to make this deal with new tenants."

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Answered on 9/04/10, 5:55 pm


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