Legal Question in Real Estate Law in California
commercial lease agreement
If a landlord and tenant agree to
terminate a lease before the end of the
lease terms, and the landlord later rents
the space to another party, what
responsibility monetarily does the initial
leasse have?
2 Answers from Attorneys
Re: commercial lease agreement
If the landlord and tenant agreed to an early termination of the lease by mutual consent (and there was no breach of the lease because the early termination was consensual), the subsequent re-rental of the property would have zero effect on the prior tenancy or the prior tenant, unless the early termination agreement made some specific reference to re-renting - which it may, but you didn't mention such a term.
Re: commercial lease agreement
It depends on the terms of your agreement to terminate early.
In the normal course, however, the renting to another party would be part of your landlord's obligation to mitigate his damages and this would offset any damages as a result of you leaving early.
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