Legal Question in Landlord & Tenant Law in Pennsylvania
unpaid utilities
my current lease for my business is due to expire 8/05. in the past 3 months the local power company has threatened to shut off the power in our building. our rent includes all utilities except phone. my business would come to a complete stand still without power {hair salon}. the landlord has always come up with a payment at the last minute so we have not had a problem yet. i have the chance to move into a very desirable location with the same rent at this time. my question is can i get out of this lease without legal problems or since there has not been a problem there are no options. our landlord is having some legal problems at this time {dui, hit and run} and we are worried that the next time she is past due with her bills there will be problems. thanks
2 Answers from Attorneys
Re: unpaid utilities
You have a couple of options. You can move out immediately, asserting that the landlord has broken the lease and wait and see if the landlord files suit for the four months remaining on the lease. You can negotiate with the landlord to accept an early termination fee to get out of the lease without the threat of a lawsuit still remaining. You can contact the power company and negotiate where you pay your portion of the electric directly to them in exchange for the electric compnay keeping the power for the remainder of the lease. Each of these options has risks and benefits which should be discussed in more detail with an attorney to choose the best strategy for you to proceed. I offer free consultations.
Re: unpaid utilities
You have several options, however I must recommend you retaining legal counsel in order to accomplish the following:
1.) Negotiate with the Commercial Landlord now to work out a possible deal, either to terminate your lease agreement or work out a better deal.
2.) Breach the lease and deal with the consequences as they develop.
3.) File suit against the LL for their possible breach.
or:
4.) Do nothing...
The ball's in your court...
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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