Help with Commercial Lease

[NeedHelpGA]

Hi i need help urgently, we recently were going into a 5 year lease with a landlord for retail/wholesale space. When we signing the contract we told her we needed access to the bay door and we asked that it be included in the lease and she said we don't have to put it in, because we can have access to that door anytime, so we went ahead and signed the lease. Before we even moved in she blocked up the door with her items and we couldn't get in, so we confronted her with it and she said she didn't knwo we wanted access so often , so we realized that it wouldn't work because we do a lot of wholesale and we need access every day. So we told her and she said well she will have to increase the rent or we will have to pay to have a door put in. So before the new month we told her we will not be occupying the space. AND in the lease it doesn't say we can't break the lease.

Now she wants me to pay for a year upfront. Is this right? WHAT SHOULD I DO !

 

[Gail_in_Georgia]

Your lease is a legal contract for a certain amount of rent paid for a certain amount of time. It does not have to say you CAN'T break the lease. Doing so leaves you liable to be sued for the remaining months on the lease until the landlord can get the unit rerented (plus advertising costs to do so, legal fees for filing against you, etc).

Your lease should also state not only what the rent is but when it is due. If it lists that rent is to be paid monthly, then that is all you are required to do.

Gail

 

[NeedHelpGA]

So even though she broke our verbal agreement which is vital for our business i'm still liable to pay her for breaking it? And even though my copy of the lease is not signed by her, isn't that some loop hole i can argue?

 

[Gail_in_Georgia]

1. Yes

2. No (who signed the lease).

Gail

 

[NeedHelpGA]

1. Yes

2. No (who signed the lease).

Gail

She didn't sign our copy of the lease it only has my signiture.

 

[NeedHelpGA]

So isn't there anything i can agrue to get out of it without it costing me my business?

 

[Gail_in_Georgia]

The problem with your signature on the lease is that by doing so, you agreed to the terms of the lease. It is unfortunate that she did not include the stipulation about access to the bay door as you could then argue that she is not following what is stated in the lease.

How expensive would it be to put in a door? Seems like that might be less expensive than finding a new place, moving and then being sued by your landlord for breaking the lease.

Gail

 

[NeedHelpGA]

It would be about $13500, if the association even approves it, everything she stated she went back on she didn't want to put anything in the lease, this is a very expensive lesson to learn about insisting everything be put on paper. Because now she gets money i don't have and i am left completely broken.