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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28555
Experience:  30 years of real estate practice experience.
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My business is currently about two years into a five year

Customer Question

My business is currently about two years into a five year lease. We are being charged too much and dislike the property management company (their representative can be rude). I have found cheaper office space in better locations. How can I get out of the lease?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Loren replied 4 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Does the lease contain a provision for termination by the tenant?

Is the landlord in breach of the lease?

Expert:  Loren replied 4 months ago.

Are you online with me?

Expert:  Loren replied 4 months ago.

I am signing off shortly for the night, but I wanted to make sure you received an answer before I left. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.

So, you have a few options. First, you can try to find a new tenant to either be a subtenant or assignee of your lease.

Next you can try to negotiate a lump-sum settlement of the remaining balance on the lease.

Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.

The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails.

With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.

Expert:  Loren replied 4 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 4 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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