Legal Question in Real Estate Law in California

Breaking a commercial lease
I have a medical office lease that expires 2/04 but
I want to leave San Diego in 2/02. There are no
provisions in the lease for premature termination
that are explicitly addressed except due to death
or disability. If I leave, am I liable for all that rent? I
own a residential rental property where tennants
leave early all the time, and I let it go. For my
medical lease, am I obligated to find someone to
take over my lease?

Asked on 7/11/01, 7:10 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

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Re: Breaking a commercial lease

As a general rule, the simple answer to your question is that you are responsible for the lease payments. However, depending upon what the lease says, you may be able to find a "sublessor" to take over the lease for the remainder of the term. This may or may not require your landlord's consent; if consent is required, it generally cannot be withheld "unreasonably."

If you do not obtain a sub-tenant for the property, and simply quit paying rent, your landlord will likely sue you for breaching the lease. While that type of lawsuit will probably result in the imposition of some monetary liability, the landlord has a duty to "mitigate" its damages. This generally means that the landlord will have to try to find a new tenant as quickly as possible.

You may want to have an attorney look at your lease, and perhaps negotiate some sort of deal with your landlord.

Answered on 7/12/01, 1:07 pm

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