Can I terminate my commercial lease that renews every six months?

Full question:

I have a commerical lease that renews every six months. Can I get out of it? last expired/renewed 12/15/08-6/15/09.

  • Category: Landlord Tenant
  • Subcategory: Commercial Lease
  • Date:
  • State: California

Answer:

You can typically terminate a commercial lease early in three ways: (1) if the landlord has committed legal misconduct; (2) by finding a new tenant to take over the lease; or (3) through mutual agreement with the landlord. Most leases outline specific conditions for early termination without penalties. If these conditions don't apply, you might be responsible for legal fees, sublease or assignment fees, and potentially all or part of the remaining rent.

If the landlord fails to maintain the premises, this may breach their obligations. Local laws may allow lease termination for undisclosed code violations or access issues. Lastly, both parties can always agree to end the lease together, or you might negotiate an assignment or sublease to a new tenant.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A lease may still be valid after its expiration if it includes a renewal clause or if both parties continue to act as if the lease is in effect. This is often referred to as a holdover tenancy. However, the terms of the lease might still apply unless a new agreement is reached. It's important to review the lease terms and consult with a legal professional to understand your rights and obligations.