Legal Question in Landlord & Tenant Law in California

Lease Termination

My commercial lease tenant is a person who is the sole guarantor and his company with partners. This person wants to terminate the lease now before the lease terms ends. But his partners want to stay on. However, I do not know the partners very well and would not like to ask any of them to guarantee the Lease. I'd rather terminate the Lease and repossess the property. How should I proceed? All the partners have signed on the Lease.


Asked on 2/08/06, 3:21 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Lease Termination

You cannot terminate the lease unless the principals have breached its terms. If the other signatories wish to stay on, you must keep them through the lease term. The guarantor is still liable under his personal guaranty unless you release him from it. Good luck.

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Answered on 2/08/06, 5:12 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Lease Termination

the grounds for terminating a tenancy include the violation of a term in a contract. If we can find a way that the partners are in breach of the lease then we can eveict them. I would probably need to see the lease and talk to you about this.

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Answered on 2/08/06, 8:07 pm


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