Legal Question in Landlord & Tenant Law in California

Is it ever possible to break a commerical lease?

I bought a small medical business two yrs ago and took over the long-term lease. The building is old and I suspect ''sick'' with mold/mildew. There are persistent foul odors and staff are having symptoms. Business is being adversly affected. Also the only handicap access to our office is an broken external elevator that has never worked since I've been a tenant. Lanlord refuses to repair anything, citing ''too expensive.'' I think the only option is to move.


Asked on 8/19/06, 2:15 pm

1 Answer from Attorneys

J. Spikes Property Law Center

Re: Is it ever possible to break a commerical lease?

Yes, it is possible to break a commercial lease, but you must get an attorney to review the lease and discuss the particular facts of your case, including any representations made by the landlord or his understanding of what you required to operate your business on the premises.

For example, there may be a provision in the lease that limits the landlord's responsibility or places the burden on the tenant for some repairs or maintenance.

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Answered on 8/19/06, 5:34 pm


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