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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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took a 5 year lease on a retail storefront. signed with deposit

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took a 5 year lease on a retail storefront. signed with deposit of $5,000. been removing debris and renovating for 2 months. paid $2,500 rent for october and $2,500 for november also. spent approx. $6,000- on material. had power company turn on elec & gas with $500 deposit. city issued me license for my type of business for this location in city. just found out they made mistake. not zoned for this. license is for 2nd hand dealer in this exact address. city admits making mistake. license is for 1 year at a time. should i spend $15,000 or so to finish and open up knowing they may not reissue next year. cancel lease if possible and relocate in zoned area, take loss and walk away ??????????? very complicated.. mike needs help

Thank you for your question.

If you proceed with the rest of the renovations, do you expect to make back the money you would spend in making the reservations, at least enough to break even?

If so, then I would suggest going through with the renovations and seeking a zoning variance for your business. It is possible to apply for these and get it granted, especially since you can add in that you've spent a lot of money on the project in reliance on the city's mistake. It is within the city's discretion to grant the variance.

The problem with moving out now is that the lease will have penalties for terminating early. Are you aware of how much it would cost to break the lease at this point?

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