Legal Question in Landlord & Tenant Law in California

Warehous, contract, payment

I'm a tenant and I rented a warehouse for my business. But at the time I rented it I smelled something but thought it was because of the new paint so I ignored it and said okay to the lease. During the next 1 to 2 months I realized that the smell got stronger and more dense. I started feeling sick, light headed, and dizzy. Based on this situation we can no longer work there daily in any way. Under these circumstances do we still have to pay them for the warehouse rent? Are we still responsible for the payments in this situation? Does the landlord have the responsibility to fix and relocate us? Can they throw us out for not paying them under these circumstances. Since we can't use the warehouse can the landlord boot us for not paying? And do they have the responsibility to relocate us since it is their warehouse that has a safety and health fault? And another thing is even after they fix it do we have to pay them for the period that we could not use the warehouse for?

Please give me a thorough response. I appreciate it. Thanks.


Asked on 2/08/09, 10:48 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Warehous, contract, payment

If you ask your landlord, he will tell you that you have to keep paying full rent for the term of the lease. However, if you hire a lawyer such as myself, I would, taking proper legal steps, inform the landlord that he has a small amount of time to correct the problem, or otherwise you will leave and sue him. If the problem is not correctable, then, as an attorney, following the proper laws and procedures, I would have you leave, and possibly sue him for breach of contract which may include all of your losses including relocation. Do not try to violate the lease without an attorney. Email me.

Best,

Daniel Bakondi, Esq.

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Answered on 2/08/09, 11:45 pm


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