Legal Question in Real Estate Law in California

Office Lease

I have just begun a new business (my first), leasing office space via a month-to-month contract. From the very first day of operation, we experienced two very significant problems:

1. An extremely deficient electrical system, causing our small computer network (five work stations) to crash and rely almost entirely upon back-up UPS batteries to operate;

2. Insufficient air conditioning (centrally controlled by the landlord), turning our small office into a tropical-like 80 degree sauna (according to our digital thermometer) - and, of course, an inefficient workplace.

The landlord has not brought in any professionals to try to fix the problems and says there is nothing to be done. He has even told me that I will probably want to look for other facilities. That's just dandy, except that I have invested much of my resources into moving to this office, not to mention publishing my address to customers, business cards, etc. [His standard-type lease contract stipulates that the lessor is to provide facilities (and electricity) suitable for the operation of the lessee�s business.)

What can I do to resolve this and/or to recoup the costs that may result?

Thank you.


Asked on 8/17/02, 8:15 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Office Lease

Any rights you have in this regard will need to come from the lease agreement, since in a business lease a landlord has no obligations in these regards beyond those provided in a lease agreement.

My best advice is to have the lease agreement reviewed by a competent real estate lawyer who can consider the provisions in the light of the type of business you have, the circumstances of the lease, its provisions and relevant case law, and then map out a strategy for you to take care of your needs at the least expense and upset to your business.

If you would like to have a further and more detailed review of the matter, feel free to contact this office.

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Answered on 8/17/02, 11:29 pm
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Office Lease

I am going to assume that when you say you have a month to month contract with the landlord that the contract is written. If so then you do have certain rights and remedies give the landlords apparent breach of the lease.

I would be happy to help you with matter. Please give me a call. Good Luck.

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Answered on 8/19/02, 1:11 pm


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