Legal Question in Real Estate Law in California

Re: business rental issue

Answered on previous post

Re: business rental issue

Unfortunately, there is no simple answer. You can argue that the parties modified the lease and that their past conduct is evidence of the modification.

However, what exactly was the lease modified to? Do you pay $5k per month until the end? Do you pay $5k per month until the landlord asks for a bump? If you have to pay the increase, can it only jump $200/month/year from this point forward or can it jump enough to make up for the increases that were not previously requested/enforced?

It may be hard for you to explain exactly what the effect of the modification was.

A court would probably try to come up with a reasonable interpretation of the written contract in light of the evidence that that parties modified it. What's reasonable? Who knows?

Re: business rental issue

Mr. Berger is correct that it is difficult to predict what will happen. We are both presuming there is no commerical rent control at the business location. But remember, you are arguing with a new landlord about $2,400 [the difference for one full year] on rent of $60,000 a year [I assume it is $5,000 pe month and not per year], or less than 5%. If you do not pay him now or work out some sort of deal with him, then you know what will happen next year when he is allowed to raise the rent--that back "rent" wil be added into your new rent bill. It does not appear that your lease has a cap on it and that rents can be raised every year