Legal Question in Landlord & Tenant Law in California

sued

I was renting an office from my real estate broker(she leased it and subleased it to me) but because I no longer can afford the office I moved out. She came to my husband and took the key from him and she said that she would use it since I moved out and was not paying for it. Now, she has sued me for the rent for the rest of the term and more. What should I do? I really can't afford to pay the rent.


Asked on 5/27/09, 6:12 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: sued

First, did you have a written lease with the real estate broker, or was it just an oral agreement to rent an office? Second, when you say she "took" the key, were you moved out? Had you effectively surrendered the property, or did the real estate broker exercise "self-help" in evicting you? There are a lot of issues that cannot be analyzed without more facts. I don't believe, given the fact that this will require a review of any lease agreement between you and the broker, this question can really be answered on this forum.

As a general rule, however, with a commercial tenancy, you can be held liable for the balance of the lease term if you terminate prior to the end of the lease. I would suggest that you meet with an attorney to review where you stand, and attempt to resolve this matter with the broker amicably before a lawsuit is filed.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/27/09, 6:23 pm


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