Legal Question in Landlord & Tenant Law in Washington
How do I get out of a commercial lease
How do I get out of a commercial lease for office space. I originally signed a two year lease agreement that I thought reverted to month to month at the completion of the lease. I completed the original two yearlease but failed to notify the lanlord of my intent to within 120 days of my intent to quit. The lease contract had an automatic renwal clause equal to the original lease period. The Lanlord made no attempt to contact me regarding a lease renewal, nor did thee inform me of the consiquenes of the automatic renewal.
In addition, the lease contract incorrectly identifies the suite. It states the lease was of the office suite next door to mine.
Do I have any legal recall to get out of this lease.
1 Answer from Attorneys
Re: How do I get out of a commercial lease
An agreement for a lease of more than one year has to be in writing and acknowleged (notarized) or it runs afoul of the statute of frauds.
If you are still there after your initial two year term you are a holdover tenant. That's not necessarily a bad thing, it's just a status description.
You indicate that your lease has some sort of notice provision that requires you to give four month's notice that you intend to leave.
Before any lawyer is going to give you advice intended for you to rely upon, the lawyer is going to want to see the lease and read the whole thing before telling you what your options are.
But based upon the information you provided it sounds as though you are now a month-to-month tenant and you can leave on 30 day's notice.
I'm saying that with a huge caveat: I have not read your lease. For all I know there is some other clause that prevents you from leaving without being liable for the rent for the balance of the term or until the place is re-rented.
This is one of those moments where calling your local Bar Assoc. and getting a half hour consult with an attorney who practices in real property could likely save you a lot of time and grief for a minimal outlay.
Certainly less than the cost of defending a lawsuit brought by your landlord.
Good luck with this,
Powell