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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
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My friend is in a commercial lease with someone mentally

Customer Question

My friend is in a commercial lease with someone mentally unstable. He's already been hospitalized twice for it. Can my friend convince the company that rents us the building to remove him from the lease or is the only option to remove herself? Keep in mind this building is a commercial building signed under a business that includes my friend and the mentally unstable person. 4 other people live and work in the building. The landlord knows people live in here but it says no where on the lease that we can. Also, anyone that uses the building that isn't on the lease needs to be approved by the landlord. So, there is a lot of lease violations going on. However I don't want to expose them for fear of my friend running in legal trouble as well.
JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: massachusetts
JA: Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: nothing I haven't already mentioned
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 6 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Your friend is in a tough situation, but may have recourse. While the friend cannot break the lease for reasons that the landlord is mentally unstable, if the landlord materially breaches the lease the friend he can declare the lease terminated, sue for breach of contract and recover damages. Note that this requires a material breach and there is sometimes ambiguity as to what constitutes the first material breach. If the tenant is wrong on this legal point, the landlord could sue the tenant for breach of contract, and could win. So, if your friend is thinking of terminating the agreement for breach and leaving, he should consult with a local attorney to review all the facts and relevant documents beforehand. A good referral source will be the friend's County Bar Association. There would be no charge for the referral and there should be no charge for the initial consultation with the attorney to whom your friend is referred.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 6 months ago.

If there's anything else I can do for you, just let me know. I'm here to help.

Best,

Attorney 1

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