Legal Question in Real Estate Law in California
Commerical Lease Agreement
I have an office space that I am bound too until September of this year. The leasing company told me when I moved out that if I found someone who would come in they would cut me loose from the lease, and they said they would honor our square foot rate through the term of the lease. However, I have had several people who were ready to move in and then they disappear as soon as they talk to the leasing company. So in doing a little of my own research, I found out that they are require 20 cents more per square foot to lease the space. Can they do this? Do I have any recourse with the people that I brought in earlier?
2 Answers from Attorneys
Re: Commerical Lease Agreement
It seems that you had an oral agreement with the Co. that you fulfilled; if the only thing "wrong" with the other possible tenants is that they were not willing to pay more rent [which then meant they probably did not trust you as to the other things you said about the space] then the Co. would have to let you go. They have an independent duty to mitigate [reduce] damages. See if you can get some of the business people who left to sign a declaration that the only reason they did was because the rental price was raised; show that to the Co. and its lawyer and refuse to pay any rent after the first such renter contacted the Co.
Re: Commerical Lease Agreement
It depends upon the terms of your lease. You will have to get it analyzed.
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