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-   -   Breach of commercial lease (https://www.askmehelpdesk.com/showthread.php?t=223588)

  • Jun 5, 2008, 02:16 PM
    Landlady1234
    Breach of commercial lease
    I am an owner of a shopping center in California. One of tenants signed a 10 year lease and after 6 months she wants to leave!? :confused:
    She bought this business from the previous tenant and now she is asking him to pay him back the purchase price too.! :confused:
    We asked her about what the deal was and her respond was that she made a mistake and that the business is not doing well bla bla bla... but the fact is , she is just a very lazy person and does not like to work. She wants to stay open for 6-8 hours pr day, closed on weekends and make at least 10K net a month, not to mention that she does not believe in advertisements and spending money on them.! :confused:
    Basically, one of those people who want to become an overnight millionaire with other peoples money, if you know what I mean.:eek:
    My question is: Can she just breach the lease? Is she liable for the value of full term of the lease, and can we sue her for the full amount? Does the previous tenant have to refund her the purchase price?:mad:
  • Jun 5, 2008, 02:29 PM
    progunr
    I believe that if she breaks the lease, she would be responsible for the rent up until the space is re-rented.

    You would be required to take the necessary steps to try to re-rent the space, advertise, list with a agent, or at least post a for lease sign on the property.

    I don't know what type of purchase agreement she may have signed with the seller, but the terms in that agreement would determine if she has any recourse to obtain a refund on the purchase.
  • Nov 16, 2010, 10:00 PM
    chewee
    If the landlord failed to pay on shopping plaza and the property goes into foreclosure, do the tenants have an option to renegotiate the leasing contract with new management or just simply walk away from the business without any penalties?

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