Legal Question in Business Law in Illinois

Commerical Lease

We need to terminate our restaurant lease. The lessor fails to reimburse us for damages for which she is at fault. When we asked for reimbursement she responded by making disparaging remarks concerning our ethnicity and has threatened to send her lawyer to kick us out. We've applied for a license, but it hasn't been granted to us. The city requires the installation of a third sink in the backroom. We called a plumber to assess the situation and he said there was no room to install the sink. Are we able to terminate our lease? If so, what steps do we need to take to do this?


Asked on 6/01/05, 4:56 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Commerical Lease

In order to answer your question fully and appropriately, it is necessary to review the language of the written lease, understand the purposes for which the premises were leased (i.e., were the premises non-conforming for the purpose, given the sink requirement?), understand more fully the facts concerning your intereactions with the landlord, and apply existing commercial leasing law.

Even if a conclusion is reached that you must terminate your lease, there are a number of different strategies to be considered and/or employed. Is negotiation the best route? Do you file a lawsuit for a declaratory judgment that the lease is invalid? Do you simply move out & wait to see whether the landlord sues you?

Also, how long the lease term is and at what monthly rate are important considerations. If the lease was at the beginning of its term for, say, five years, your strategic decisions might be different than if the lease had only three months left.

Regardless, you seem to be confronted with a situation in which you need thorough, competent and experienced attorneys. Please feel free to contact my firm if you should have any questions.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 6/03/05, 8:21 am
Zedrick Braden III Ainsworth & Associates PC

Re: Commerical Lease

Hello. In my opinion, you have a basis for

terminating your lease if you can show that

the landlord has breached the terms of the lease

through her actions. Making reference to your

ethnicity is a very serious matter and you may

have a basis for a separate lawsuit. You need

representation; this can be tricky business.

I will be happy to answer any additional questions that you might have.

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Answered on 6/01/05, 8:33 pm


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