Legal Question in Real Estate Law in California
Terminating Lease
I had 2 years remaining on a commercial lease and was no longer able to operate as I am a loan broker. I wrote a letter to my landlord explaing my situation through the property manager. The property manager sent me an email explaining that the landlord will accept 3 months lease payment to include my deposit as one month so I gave them a cashier's check with 2 months lease. I removed everything they asked me to remove and left some of the furniture per their instructions. We did the walk through and I signed the paperwork which the manager sent to the landlord. I then received an email from the mgr saying that she made a mistake and it was actually 3 months rent they wanted with a forfeit of the lease. Can they do this after they already had given me the other terms and I have moved out?
4 Answers from Attorneys
Re: Terminating Lease
If all of this was well documented as your description implies, they should not be able to come back after the fact and change the terms that were agreed upon.
Re: Terminating Lease
I'd say you are in the right and the landlord is legally off base. This is an instance of a settlement agreement that is partially carried out and now the other party wants to back out; the law would be on your side.
Re: Terminating Lease
No. If they sue for more you can defend on the basis that there was a compromise and settlement of the claim. The manager had ostensible authority to make the offer. You accepted. That is the new contract.
Re: Terminating Lease
I would agree with the answers that you have received. Assuming the mgr had authority to enter into the settlement, your position would be defendable as you describe it.
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