Legal Question in Landlord & Tenant Law in California
Sublease of Commerical Property
Hi;
I am renting a business property. I am subleasing the portion of the property to a tenant. This tenant’s lawyer is asking to see the Master lease so he can adequately advise his client. I would not like to release the full lease to him. I don’t mind answering any of his questions and give the portions of lease related to his questions. Tenant’s lawyer is insisting on getting the full master lease. Is it a common practice in this kind of situation to release master lease to tenant and his lawyers? Thanks.
1 Answer from Attorneys
Re: Sublease of Commerical Property
You can call it a master lease, a lease, or whatever you wish, but it is a contract.
If the tenant signed it, he is entitled to whatever he signed, i.e. the sublease.
You have an unusual situation, which seldom arises.
I do not know of legal principle involving a master lease, and since I donate several hours a day to answer questions for free (i.e. pro bono) in this forum, I don't have the time to research rare, and complex questions such as yours.
My initial reaction is why you would hesitate? If a lawsuit is filed, the attorney is automatically entitled to the document during "discovery", and you would have to turn it over. Moreover, if you force the lawyer (assuming he is that adamant) to file proceedings to have you turn the lease (well, a copy) over to him, you would almost certainly lose and be hit with court costs, and possibly attorney fees.
I don't know the common practice, since it isn't a common situation.
If you really want to find out, use the "ask a law librarian" link from the California Superior Court website.http://www.247ref.org/portal/access_law3.cfm
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