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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I am currently running at coffee shop. The lease is 5-year

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I am currently running at coffee shop. The lease is 5-year and now i have been here for more than 2 years. This is a medical building. While i rent here, there are lots of offices and lots of patients. Now, some offices are closed and less patients. The office closed is not only because of the economy, it is also because of the poor maintenance of the building. There are no handicap door for wheelchair patients and like my coffee shop, there is no AC, although they said they have but the temp is always above 75F. Currently, Is there any way to break the lease without penalty?
Submitted: 5 years ago.
Category: Business Law
Expert:  Dwayne B. replied 5 years ago.
Of course, there is no way we can say for sure without examining the written contract as well as thoroughly evaluating all of the facts which is impossible on here. However, just from the facts you've given me it appears likely that you could sue to break the lease but you need to do something first.

You can sue someone for "constructive eviction" and get out of a lease and even, in some cases, make them pay for your move. Constructive eviction is when they fail to make repairs or keep the property up in such a way as to make it not fit for use. Examples of this could be no A/C which means no customer, roof leaking, bugs, the wheelchair access may be an issue, etc.

Before you try this you need to make a list of the problems with the building and have a lawyer send a letter to the landlord stating that you need these items fixed within a certain period of time or you will consider it a constructive eviction. Don't try to send the letter yourself because it has to be worded just right.

In addition, the lawyer can also hint in the letter that if they will let you out of the leas you'll just go away. Many landlords will take this option.

I will be offline for the rest of the night but if you have any follow up questions I'll pick up again in the morning.

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