Legal Question in Landlord & Tenant Law in California
Landlord slow response causing tenant's business some sales loss
I started new business about 3 months ago. I'm having difficulties getting my landlord to approve, sign papers, or provide any response to my inquires about my store front signage. They keep changing their mind about approving my sign design, signing required city papers... etc . It take at least a week or two to get any response from them.
This type of slow response and flip-flopping has been on-going since I started the lease. For three month we are open without store signage. We are losing visibility and sales as result. What can I do to recover my past and future loses from this on going delay?
Also the commencement date on my leas was July 30th '07 but the landlord executed (signed) the lease on Aug 13th '07 and I got the keys on the Aug 15th '07, but landlord charged me for rent and CAM charges starting July 30th '07 as stated on the leas. Am I legally entitled for money back for the period prior to receiving the keys or landlord's contract execution (July 30th to Aug 13-or-15)?
1 Answer from Attorneys
Re: Landlord slow response causing tenant's business some sales loss
As to signage, you could sue in small claims, but it will be hard to ever get along with landlord after this goes to court.
As to not getting the keys, you are correct. You are entitled to rent abatement, a fancy term meaning rebate or refund.
Be aware that you may be better off negotiating a deal rather than trying to recover all your losses, since you do have to live with that landlord.
Please feel free to e-mail, or call, my office if you need more.
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