Legal Question in Real Estate Law in California

Definition of non- structural

I own a cabinet shop. I leased a building with no storage space which I need. When I first moved in, I built a mezzanine with an office below.Now,a year later, and after I had just signed my second year lease, the landlord comes to me and tells me that I must remove my mezzanine within ten days (cure or quit) In my lease I am allowed to make $1000 of non-structural improvements to the building.The mezzanine is not attached to any existing walls of that building. Would this mezzanine be considered ''structual'' or ''non-structural''?

signed,

''Bewildered''


Asked on 11/19/01, 6:29 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Definition of non- structural

Did you attempt to negotiate the issue? You may be well served by obtaining representation to attempt to settle the matter or argue your position in court, i.e., that it is not structural. Please call me directly at (619) 222-3504.

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Answered on 11/19/01, 9:33 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Definition of non- structural

This is a tough one, that could go either way. Is your mezzanine attached to the floor or ceiling? If so, it is structural...but even if it just sits on the floor without being attached, an argument can be made that it is a structure within a structure, rather than equipment.

I think you need to negotiate promptly, and see if you can work out a deal with the landlord. It's hard to say who would win in court, but it might not be you......

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Answered on 11/19/01, 2:15 pm


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