Legal Question in Landlord & Tenant Law in California

commercial lease

I would like to get out of my lease

early I have a five year lease (I own

a hair salon) in a small shopping

center. The landlord has let things

go. There is bird poop and leaves

everywhere. Every spring bird

somehow get into my ceiling/wall and

give birth. All we hear for a couple of

months is chirping. There is a leak in

the wall and the landscaping is in

horrible condition. The worst issue is

that the landlord allowed a massage

parlor move in, which as affected our

clientel quite a bit. I even had a

client approched by one of these

male customers. There is also a hole

and huge crack across my front

window from a BB gun that has been

there over 1 1/2 years. Do I have

any recours?


Asked on 2/05/09, 4:24 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: commercial lease

As you may know, commercial real estate law is complex, but you may have recourse. Generally, a lease may be terminated by either party when the other party significantly violates the terms of the lease agreement. Depending upon your lease terms, you may have cause to argue the landlord has breached the agreement given the examples you list. I suggest working with an attorney to navigate the next steps as the consequences of breaching a 5 year lease may be financial significant. I handle commercial lease issues routinely, if you are interested feel free to contact my office.

Yours truly,

Bryan

619.400.4929

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Answered on 2/05/09, 7:59 pm


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