Legal Question in Real Estate Law in California
How do I remedy myself from a commercial lease contract?
I signed a commercial lease contract for a cyber-cafe on 03/01 in Valencia, CA and as summer rolled in, the overworked AC could not provide a comfortable atmosphere. Of the 18 months I have conducted business there, there were 19 instances of burglar alarms, some false, most actual thefts. I have lost over $3,000 cash and over $7,000 in computer equipment on four or five seperate instances. The property has gone through an unknown number of different owners, but the management company was always there to hound for the rent. Kids frequent my business, so as parents saw broken glass, broken door frames, pryed locks, in and around my business, they did not feel my store was safe. The property manager ignores my voice mail more often than listen to my concerns. The business has closed for a month, and they will not help. I have 18 months on the contract, will you help?
2 Answers from Attorneys
Re: How do I remedy myself from a commercial lease contract?
Failure to pay rent on time is a breach of the lease contract, but failure of a landlord to supply air conditioning and, in some cases, to provide a level of security may be defenses to a suit for breach.
In such a situation the recommended course of action is face-to-face negotiation between tenant and landlord in an effort to correct the problems and avoid eviction and lawsuit. Voicemail exchanges are generally insufficient.
If negotiations break down, a lawsuit of some kind is likely, and if one is filed the defendant will need legal assistance to answer and prepare a defense.
You also seem to have police problems, and you should be sure you have made reports in each instance of theft and otherwise provided all possible cooperation.
Re: How do I remedy myself from a commercial lease contract?
I am sorry, but I will not be able to assist you as you reside in southern California and my practice is located in northern California. I suggest you contact your local county bar association to have them refer you to a commercial landlord/tenant attorney. Good luck!
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