Legal Question in Real Estate Law in California

Commercial Lease - withhold rent for repairs

It is acceptable to withold rent in a commercial lease (no term in contract says otherwise) if the landlord should make repairs. For example, if the electrical system is old and possible fire hazard?

Can I withold rent and make the repairs

w/o breaching my lease? (assuming no provision in contract says otherwise).


Asked on 2/09/00, 8:33 pm

1 Answer from Attorneys
Jeffrey P. Widman Law Offices

Re: Commercial Lease - withhold rent for repairs

Yes. But give notice to the landlord first. You cannot withhold more than one month's rent. The main requirement is that the condition needing repair makes the premises untenantable. I am not sure about a "possible" fire hazard. You still have electricity.

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Answered on 2/10/00, 9:53 pm


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