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Category: Business Law
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Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Customer Question

Will I be able to get out of a commercial lease that has two years left on it? Landlord will not budge as we are trying to get out and cut expenses. The real issue though are with the space. These are some of the issues:

- Air Conditioning/Heat not in working condition due to rodent in attic. This issue was brought up to Ms. Peiske on August 1. It has yet to be fixed. Our electricity bill is extremely high due to air duct damage caused by the rodent. The average electricity bill has been around $230 and was as high as $398. For a place this size that is used not more than 40 hours a week the electricity bill should average about $120 or less.

- Trees fallen in the yard have not been gotten rid of. This is finally being taken care of 2 months after letting Ms. Peiske know of the issue. When she finally did get someone on it, the work was not done well. Trees were all over the front and back yard during office hours. The workers were extremely loud during office hours. There is still a large tree that looks like it could come down on the house at any moment.

- More than 15 large cracks in the walls and ceiling have showed up since we moved in. These cracks appear to be either mold damage or water damage that was simply painter over. One area by the door was spackled quite well and is now starting to come undone. We have had three different people who have had allergic reactions in the past six months without knowing why. We now wonder if this is due to mold.

- Issues with water heater. Water heater is not in working condition. It has a major leak.

- Toilet runs when water is not turned off. Water bill has been extremely high as a result of this.

- The two front doors were not fixed even though they were brought to attention in the first week of us being here. They let in air. They are not sturdy. The locks are poor. If you do not shut the door the right way the lock will not work. You have to slam the door, which makes the glass shake and it comes close to shattering.

- Landlord agreed to have 6 parking spots made. There is barely enough room for 4 cars to park. There is really room for three cars to park in a normal spot and be able to get out without a lot of maneuvering.

Based on these issues, do we have a case to get out of the lease?
Submitted: 1 year ago.
Category: Business Law
Expert:  MShore Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. Was the agreement for the parking spaces in writing per the lease?

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