How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 23370
Experience:  14 years practicing attorney, MBA
19958803
Type Your Business Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

a commercial lease is signed which the landlord/property owner

Customer Question

a commercial lease is signed which the landlord/property owner made up himself. The building sustained damage 4 years ago and now he rents the building to a entity/corporation and in the lease agreement he states that the lease starts on January of 2013 and rent will start to get paid after the building is completed on March 1, 2013. The building contractors are ran by the landlord and he chooses them and requests that we pay 33% of all costs to repair the building which includes electrical.
In the Real Estate Lease the landlord writes, "Possession: Tenant shall be entitled to possession on the first day of March 2012, and shall yield possession to Landlord on the last day of the term of this lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall have the option of renewing the lease for an additional 3 years. If not tenant shall remove its goods and effects and peaceably yield up the premises to landlord in as good condition as when delivered to tenant as when delivered to tenant, ordinary wear and tear expected.
Note: Now my question is it is now June 1st and the landlord has still not had the final inspection of the building, can the landlord expect rent from the months of March, April, May and June. Does rent have to be paid for these months. I know a contract is by agreement but what you have been given are you able to provide a answer or do you need additional info? We also had a verbal discussion prior to signing the lease in Arizona to where we said, "so until a customer can walk through the door to make a actual purchase, we will not have to pay rent, correct and both the landlords agreed. It was not in writing so is it not enforceable if this thing gets ugly? Is rent owed for March, April, May and maybe June if we can not occupy the building?
Submitted: 1 year ago.
Category: Business Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
One of the primary responsibilities that the landlord has to do is provide physical possession of the building so that the tenant can use it for its intended purpose. If the landlord has been unable to deliver possession due to repairs being made, then I would opine that until they are done and you actually take possession and are able to use the building, no judge would force you to pay rent on a building you can't use. Until it passes the final inspection, he can't deliver possession for a building you can use.
.
Since the landlord was unable to provide a usable building as of the March deadline, I would opine that you would have the right to refuse to pay any rent under the contract until repairs were completed and you actually took possession and begain using the property. However, as soon as all the repairs were completed and passed inspection, the meter would start running from that point on.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

.

Barrister, Attorney
Category: Business Law
Satisfied Customers: 23370
Experience: 14 years practicing attorney, MBA
Barrister and 12 other Business Law Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thank you very much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question today. Please feel free to ask for me if you need help with anything in the future and I will do my absolute best to help or get you to someone who can.

.

Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA