Legal Question in Landlord & Tenant Law in California

I signed a commercial office lease for 1 suite back in 2003 with a Mr. Clinton who owned a lot of commercial and residential units. Mr. Clinton passed in 2005 and I was then told to mail my rent checks payable to his widow, Mrs. Clinton, Trustee. In late 2005, the office heater and air conditioner unit failed to operate. I mailed her several letters to complain of this heater and a/c to no avail. It was 34-40 degrees in our office in the winter and 90-95 degrees in the summer. We had to use down jackets in the winter and use portable fans in the summer. In 2009, a heater/ac specialist replaced the roof mounted heater/ac unit and said that this unit has not been working for several years. Despite the 50% vacancy rate in the building, Mrs. Clinton is being an unbearable landlord. My question is whether we have a claim against her to recover the rent that we paid for the 4 years for failing to provide heat/ac? The unit was not habitable.


Asked on 3/23/10, 11:33 am

1 Answer from Attorneys

Commercial office properties do not have to be habitable the way residential units do. Your remedy is to sue her for breach of the lease. Your damages are the difference in the rental value of the property as it was, versus as it was supposed to be per the lease.

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Answered on 3/29/10, 11:02 am


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