Legal Question in Real Estate Law in California
MY question is in regards to lease temination after the landlord has signed a lease. I have been operating a kiosk.cart at this mall for over 2 years now. We just recently signed a lease for next year march 2012 to march 2013. 3 weeks later recvd a email from mall person stating they have a offer from a competitor offering 30% more than out current rent. We were told that if we could beat the offer we would be granted a opportunity to continue doing business at the mall. We did make a higher offer to keep the place and were told we have to leave. This also happended a year ago at a different mall location. We believe we have been treated unfairly and with dishonest. They are breaching the lease and the fact that we have offered more than the other party.
2 Answers from Attorneys
Very peculiar for mall management to disregard what appears, from your description anyway, to be a valid and binding lease. Something is fishy here. I'd take your signed lease to the management, along with the "email from the mall person" and demand an explanation. If the explanation isn't clear and credible, see a real-estate lawyer.
You need to consult with a real estate attorney in person about this. You are not going to get adequate help over the internet. Fell free to give me a call if you would like an initial consultation.
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