Legal Question in Landlord & Tenant Law in California
On a commercial lease located in a strip mall setting: does a tenant, who has been there almost 20 years and has assigned 5 parking spaces , have the right to withhold a portion of rent because tenant says others are taking his assigned parking and it is affecting his business for his patients to be able to find parking. No new business has come in and the agreement says all parking is shared in common. Tenant does not pay CAM , Lease is a gross lease.
1 Answer from Attorneys
You state that the lease assigns the tenant 5 parking spaces, then you say that all parking is common. If the lease assigns parking spaces and the tenant is not getting those spaces, the remedy is to deduct a portion of rent. You may agree on an amount to deduct if the lease does not specify it, but it cannot be unreasonable. Good luck.
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