Legal Question in Real Estate Law in California

Re: Commercial lease negotiations

Everything depends on the languange in the lease. We have have to review the lease and any letters and correspondence to help you. We handle cases all over California.

Re: Commercial lease negotiations

Do not need to offer it to them, but they should have been more careful in leasing to you. Landlord might be liable for failure to deliver to you; check your lease.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

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Re: Commercial lease negotiations

When a commercial lease ends, it ends (subject only to any rights the tenant may have by virtue of the lease itself, such as an option to renew). The landlord is under no compunction to re-offer to the former tenant, or to anyone. There is only a duty to avoid illegal discrimination based upon a prospective tenant's "membership" in a protected class (e.g., race, religion, etc.).

However, to expect a prior tenant to be out on the literally final day (let's say, Nov. 30) of a lease so that the new tenant can move in at 8 a.m. the following day (Dec. 1) is to live in a fool's paradise.

The former tenant probably has no ground for a successful suit. However, his foot-dragging can cause you a lot of grief. You should begin thinking about how you cope with a delay in obtaining possession and whether your lease gives you any right to recover losses you incur as a consequence of failure to deliver possession on Day One of your lease.