How do I end a commercial lease that automatically 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:

There are generally three ways to terminate a commecial lease early:

(1) termination due to the legal misconduct of the landlord;

(2) replacement in the premises by a new tenant, or

(3) by agreement between the landlord and tenant.

Most commercial leases contain contract terms as to the conditions you can terminate the lease early without penalty. If the early termination terms of the lease aren’t applicable, you may be liable for legal fees, sublease / assignment fees and payment of all or a portion of remaining rent.

If the landlord does not maintain the premises, this may constitute a breach of the landlord's duties. Local laws may provide for lease termination if there are undisclosed code violations or there are problems accessing the premises by the tenant. The landlord and tenant can always end their lease obligations by mutual agreement. It may also be possible to have the landlord agree to 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.