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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16264
Experience:  Experienced Licensed Attorney
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I am the tenant of a commmercial space where back rent is currently

Customer Question

I am the tenant of a commmercial space where back rent is currently owed. I have working with the lanlord up unitl this point to try and keep the space or find a new renter to take over the space. He now has a new renter and has offered a deal to get out of the space and is unwilling to negioate. The deal asks for $7,000 which is what he feels he can get in Small claims court in CA if I default on payment arramgments. He is currently asking me to leave $6,000 worth of assets and credit me $2,000 towards the $7,000 settlment amount. If I do not make the deal he will take it through the unlawfual detainer process, which is not good for either of this. Thoughts on what I should do? I am staring to get to close to this.
Submitted: 5 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 5 years ago.

Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Are you behind on rent?

When does your commercial lease expire and what is the monthly rent?

Customer: replied 5 years ago.
Not until 4 years from now. Monthly rent is $1,500 a month. Yes behind in rent $14,000.
Expert:  Alex J. Esq. replied 5 years ago.
Is the lease in your company's name or is it under your name or under the company's name with your personal guarantee?
Customer: replied 5 years ago.
Personal guarantee, unfortunately.
Expert:  Alex J. Esq. replied 5 years ago.
Unfortunately when it comes to the commercial leases, they do not get the same protections as residential leases under the law.

I would suggest that you try to mitigate the damages by negotiating a lower settlement and if that fails, by at least negotiating a better and realistic payment plan.

It is generally not a good idea to leave $6,000 worth of assets to get a $2,000 credit, but it would depend on the current market value of the assets.

Also it is extremely important to make sure that this payment arrangement/agreement and all of its terms is properly documents in writing and preferably either have signatures of two witnesses and/or a notary.

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