Legal Question in Real Estate Law in Connecticut

Commercial Lease Breaking

I am near the end of a 3 yr. commercial lease. During the 3 years we have had a number of problems with our landlord in complying with certain conditions that were addendums to our lease, i.e., parking lot arrangements in particular, which were addressed at the time of lease signing but have not been honored by the landlord. Now we have a problem with squirrel infestation which was left unaddressed from last year. I--name removed--fed up with this situation and have found a new location to move into. What action can I take to support my breaking this lease without substantial loss on my part? There are 3 months left on this lease and finding a new location has not been easy, but this new opportunity has a limit time on which I can act upon it. Any suggestions would be immensely appreciated. Thank you.


Asked on 10/08/02, 7:22 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Commercial Lease Breaking

Problems such as parking, etc., would have to be substantial and repeated (as well as well documented)to constitute a valid basis for getting out of the lease. You'd probably have to be able to show real economic damage, and that isn't always easy. As to the squirrel infestation, that's potentially a more serious situation, but it also depends on what your product is. If you're selling food, that's one thing; if it's widgets, it's less serious. For that situation, however, you should call the health authorities and document the problem. You'll need ammunition if you start making claims against each other.

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Answered on 10/08/02, 10:20 am


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