Legal Question in Landlord & Tenant Law in California

Contract: Termination by effect of law?

Question: Whether or not a contract, or contract modification, is valid after one year, where neither the Lessee paid for security improvements nor, the Lessor installed security improvements after one year from the date of signing agreement? The Lessor sends a note and bill (contract modificaion) for 'security improvements' to Lessee in April, 2002 stating, ''tenants are responsible for covering a percentage of common area expenses and maintenance''. The 'bill' was signed by Lessee with the stipulation of dividing up the total amount by four individual payments, beginning May, 2002 and continuing till August, 2002. The Lessor does not bill Lessee in May, June, July or August, 2002 and does not install 'security improvements'. However, Lessee frequently inquires as to when Lessee will be billed and when 'security improvements' will be made yet, to no avail. In May, 2003, Lessor begins installation of 'security improvements' and requests FULL payment agreed to in April, 2002 by Lessee.

Lessee has since decided to move to a new location, even though three years are still left on the original lease agreement. So, Lesseee wants to 'not' pay for 'security improvements' for a building from which they will no longer be renting space


Asked on 6/07/03, 6:45 pm

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Contract: Termination by effect of law?

Natually everything depends upon your written agreement and written memorandum. You may have a right to go after him for the unexpired portion of the lease as well as the improvement. Please contact me at 714 363 0220 or contact Mary at my office to set up an appointment.

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Answered on 6/08/03, 2:20 pm


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