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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34736
Experience:  Attorney over 16 years, landlord 26 years
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I have a SC commercial lease agreement question, i have a

Customer Question

I have a SC commercial lease agreement question
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: i have a tenant who just gave me 11 days notice of termination. The lease doesn't expire until 6/30/18. Do i have any legal remedy? Early termination by the leasee is not addressed in the lease
JA: Has anything been filed or reported?
Customer: I just have a signed lease agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank yoiu
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Why are the terminating early?

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Are you in any breach of the contract or is this just their personal decision to breach the lease?

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Thanks

Barrister

Customer: replied 4 months ago.
They are terminating i believe due to financial reasons. They are only giving 11 days notice. no breach on my end. The lease does not address early termination by the lessee. It expires 6/30/18
Customer: replied 4 months ago.
i would prefer to continue this way rather than phone call right now
Expert:  barristerinky replied 4 months ago.

No worries, those offers are automatically generated, but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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With that said, you are under no legal duty in SC to mitigate your damages and can simply sit back and let the lease run and then sue them for the entire amount of rent due since this is a commercial lease. Mitigation is only required in a residential situation.

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But most landlords wouldn't want to have the property sit empty that long and will seek to re-rent as soon as possible and then sue the tenant for any lost rent and damages.

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You can't force them to stay if they want to break the lease, you can only hold them liable for any losses until you re-rent.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 4 months ago.
Thank you for the information. So, if i understand correctly i cannot sue them until the space is re-rented and i can quantify the damages? Is it appropriate to have a lawyer to send notice that that is my intent? Will they be responsible for associated attorney's fees?
Expert:  barristerinky replied 4 months ago.

Well, you could sue them every month that they don't pay, but that is kind of a pain to do...

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And yes, I would definitely suggest sending that letter.

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As for whether you can hold them liable, that depends on your lease and whether it states they are liable for all costs of collection in the event of a breach.. But even if it doesn't, you can just add them into you damages for what you sue for and let the tenant try and object, which they probably won't.

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If it doesn't....you need to add that for future tenants so you can definitely charge them for an attorney and other costs as per the contract.

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thanks

Barrister