Legal Question in Landlord & Tenant Law in California

business breech of contract

I rent a space with a crafters shop.I noticed they are taking 5% out of each purchase made,along with 12% commission but this 5% was not stated in the contract.The contract is for 4 months.I am losing money because of this 5% and because of other things they have promised to do.The contract started on 8/29/06.Do I have a case of landlord breech of contract?


Asked on 10/10/06, 2:52 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: business breech of contract

Yes, if the landlord at issue is taking out unauthorized monies in material breach of the lease terms, you have actionable legal/equitable remedies at your disposal. For prompt, affordable legal assistance in this unfortunate matter, contact us directly today.

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Answered on 10/10/06, 2:58 pm
Randy Schlosser Law Office of RM Schlosser

Re: business breech of contract

Your agreement with the landlord is controlled by the lease. If the lease does not allow for him to take the 5% and it requires him to do certain things he has not done, then he is in breach of contract. Whether that is a material breach or not requires an attorney to review your lease with you and all the facts. Contact an attorney for more information. If you are in Southern California, give me a call.

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Answered on 10/11/06, 11:16 am


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