I have a Day Spa in California. Since November 2008, I have been only able to pay partial rent each month due to the decline in our sales and our Business Line of Credit being suspended. Since the fall of 2008, we have been diligent every couple of weeks, asking the landlord and property manager to sit down and discuss some options that could benefit both of us rather than exercise a LOSE-LOSE scenario. The landlord has remained silent and just two weeks ago sent a proposal that would effectively increase our rent $1400.00 per month to cover the arrears! I don't understand the LL's position.

We have personally guaranteed the lease with 6 years left on a ten year term. We own our home which is upside down at the moment. We own a vacation home and an out of state rental both with very little equity. Most of the equity in these homes would be decimated by selling them.

I have retained an attorney to look over our lease and he has written a letter to the LL as well without any response. It is very hard to move forward and get excited about maintaining or even growing this business while the idea of an Unlawful Detainer looms in the wings. The landlord has not sent us a "Pay or Quit" notice in 5 months and continues to cash our partial rent checks.

Additionally, this is an intent vs. ability issue for us. It has always been our intent to pay our commitments to vendors, staff, landlord, etc. We just do not have the ability to do so with the market trend spiraling downward. THANKS IN ADVANCE.

I am in a commercial building that has just been sold. Today I was asked to move into another location in the building. In adddition I asked about the grace period for paying rent as business is really slow in the winters here. California, his response was its due on the 3rd and if you don't have it then your out. Really no grace period or even a late charge for paying late if you have too. Is this legal. I have been here 5 years.With no written agreement even from my old landlord. I always pay just late sometimes

It appears that pianoranger, who started this thread some 2 1/2 years ago never got a response. Possibly this would be because he or she failed to ask a question. Cindy, at lease you did ask a question.


... Is this legal.[?] ...

Yes. Unless a grace period is specified in the lease, there isn't one.