Legal Question in Real Estate Law in California

I am subleasing a portion of space from another person who has subleased a larger space . We have signed an understanding agreement as a lease and I have given the required deposte and first month rent.

Now the person who I have sub lease the space from is adding condition and wanting me to accept this additional conditions. If I do not agree with the new contions that were not a part of original dael, can he cancel the lease, what should I do? Also he has my checks, can he or I use 3 day revision on this although it was not mentioned or disclosed any where and it is over by midnight tonight. Please help.

Thank you


Asked on 3/17/12, 10:52 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You don't HAVE to accept changes to a contract or lease once both parties have signed the original. There might be occasional exceptions where the original contract specifically called for the parties to decide some collateral matter later on, but such instances are pretty rare.

In your case, it sounds like you have a sublease of a sublease. Somewhere up the chain is a lease between the landlord and a tenant. Very possibly, you are being asked to make changes based upon a demand from someone higher up the chain of (sub)leases, or someone discovering some term or condition that seems to call for a correction or modification to your sublease. Therefore, the person who is asking you to make changes in your sublease may have little choice.

I think you and your sub-lessor may not have fully studied the legalities and rights involved in your transaction, and the sub-lessor is trying to save the deal by imposing modifications to the terms. Perhaps you (and he) have no choice. If that's the case, you can refuse to make the requested changes, but then the sub-lessor may be unable to perform his obligation to make the space available to you. You'll end up with no space and a potential lawsuit against your sub-lessor.

So, my guess is that your alternatives may be limited. Either refuse the changes and lose the space, or accept them. He (maybe) isn't canceling; it's his landlord canceling him.

You should inquire why the changes are necessary and whether your sub-lessor has any latitude to deal, and whether he made a mistake in the first instance. Possibly you can also contact the property owner/prime landlord.

Without more facts, I can't give much further advice, and I may be wrong, but it sounds as though your sub-lessor misinterpreted his rights.

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Answered on 3/17/12, 1:49 pm


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