QUESTION
Do I legally have the right to request rent abatement for those months that the place was not ready as stated by the lease agreement?
Asked on Jun 27th, 2016 on Landlord and Tenant Law - California
More details to this question:
I recently leased a commercial property and the space wasn't 100% ready by the lease start date. Many outlets didn't work, the front door didn't open, a hole in the upstairs area was just covered with chicken wire, the whole place was messy (not broom swept), roof had leaks in it, and no lighting had been installed. The lease agreement states that the landlord will take care of all electrical responsibilities such as outlets and general lighting, the place will be broom swept, roof will be the responsibility of owner, etc. Our move in date was January 8th, and all of the issues were finally resolved on March 10th. Does the landlord failing to have the place ready by the lease start date qualify as a breach of contract?
2 ANSWERS
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Most commercial leases cover this very issue within their terms. Without reading your specific lease, there is no way to know whether you have a valid claim for a rent abatement. Many commercial leases also contain a provision which disallows a rent abatement regardless of a breach by the landlord. I urge you to CAREFULLY read your lease to see if there are specific clauses that pertain to either the issue of damages being available for a delay in the premises being ready or rent abatement in general. If your lease is silent on these issues, then it raises the question as to whether the landlord?s failure constituted a ?material? breach and prevented you from utilizing the premises in whole or in part. I urge you to contact an experienced attorney and allow him/her to read your lease and discuss the relevant facts with you. A simple yes or no answer cannot be given based on the information you provided.
Answered on Jul 28th, 2016 at 5:21 PM
Of course it does. The owner failed to honor the terms of the contract and you are entitled not to pay rent until the store was actually ready to be moved into.
Answered on Jul 28th, 2016 at 10:17 AM