Legal Question in Real Estate Law in California

Broken Commercial Lease

I have subleased a commercial office space and being in the mortgage industry, I am no longer able to pay. I wrote many letters to my landlord asking for some type of agreement but they never responded. Finally, I left the property and now they are sending me invoices I can't pay. What can I do? Aren't they obligated to find a tenant as well. I had another tenant but they did not approve the sublease. Should I get an attorney? I don't want to file BK, HELP!!!!


Asked on 8/15/08, 12:46 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Broken Commercial Lease

Commercial leases are very different from residential leases. Unlike a residential lease, in which you are generally only liable for the unpaid rent through the date of surrender of the property, in a commercial lease, you are on the hook for the entire lease amount regardless of when you vacate. You need to have an attorney review the documentation of the lease agreement, and determine what rights you may have, but as a general rule, you're probably going to have to negotiate a settlement, keep trying to find a new tenant, pay what they demand until it get relet, or file bankruptcy to discharge the obligation.

*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 8/15/08, 1:14 pm


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