Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I am in California. I rented an office space 3 years ago…

Customer Question
Hi, I am in California...
Hi, I am in California. I rented an office space 3 years ago with the contract expires this June. I asked the landlord that I wish to exercise the extension 3 more years which is in the contract but he refused-saying that I have too many students. I run a small art school with daily afternoon classes and on Saturday. At the time we signed the contract 3 years ago the landlord knew the type of business I am in and even installed additional ceiling lights at my request.
I was forced to look for another office space for my school. In the meantime, my landlord demands me to pay for the rent until June. If he find a new tenant, then I have to pay 1/2 of the rent.
My questions are: 1. I thought he has to let me exercise the extension. The contract DOES say it is for general uses but he fully knew what i do, I actually was in the same building but different suite teaching art lessons ( with the same landlord) for 1 year before I signed the 3-year lease.
2. In this case that he refuses to let me stay and I was forced to move out, can I terminate the contract and not have to pay for the rest of the rent ( til June)?
3. The landlord may have to pay for my moving costs?
Thank you so much!
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 14 minutes by:
2/16/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,074
Experience: Attorney over 17 years, landlord 26 years
Verified

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.

.

1. I thought he has to let me exercise the extension. The contract DOES say it is for general uses but he fully knew what i do, I actually was in the same building but different suite teaching art lessons ( with the same landlord) for 1 year before I signed the 3-year lease.

.

You are correct here because unless the lease specifically restricts your use, then you are legally allowed to use the property for any type of business that it is zoned for. The fact that he knew what your intended use was also would prevent him from imposing limitations on your use.

.

2. In this case that he refuses to let me stay and I was forced to move out, can I terminate the contract and not have to pay for the rest of the rent ( til June)?

.

From a purely legal perspective, you weren't forced out... the landlord said he wouldn't honor the extension and you then moved out... So you could have stayed and sued him for breach of contract instead of voluntarily moving out when faced with his response to your request to renew.

.

So since you voluntarily moved out, it is technically you who are in breach and if this is a commercial tenancy, the landlord has no legal duty to mitigate his damages and try to find a new tenant.

.

With that said, there is nothing that would prevent you from moving back and then suing the landlord for breach of contract to enforce your lease and renewal options. That is unless you have already entered into a new lease elsewhere.

.

3. The landlord may have to pay for my moving costs?
.

Again...you voluntarily moved when he said he wouldn't honor the renewal. So he isn't obligated to pay for any moving expenses since he didn't legally force you to move out early.

.

With all that said, I think you might have a recourse here to get out of paying any further rent if you refused to pay and then defended any lawsuit brought by the landlord under the legal theory of "anticipatory breach" where you argue the the landlord essentially breached the contract by refusing to renew forcing you to look elsewhere for a new rental..

.

This is kind of a weak argument simply because you weren't' forced to move out before the current lease term ended..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,074
43,074 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,074 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I live in NJ within a two-house, owner-occupied dwelling.
Hi. I live in NJ within a two-house, owner-occupied dwelling. The landlord delayed providing a lease before moving in and then after repeated attempts never provided, so we have a month-to-month oral … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,074 satisfied customers
In August of 2014 my landlord had to put in a breaker box in
In August of 2014 my landlord had to put in a breaker box in the home I rent from him. A day or to after he finished I informed him I had no electricity in the two upstair bedrooms and bedroom closets… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
Landlord selling the building and wants us to move within
landlord selling the building and wants us to move within the month. knew he was selling and we were told originally date set for June, but now much sooner. what are my rights to minimize the lost of … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We had a commercial lease through May of 2016. The space has
We had a commercial lease through May of 2016. The space has been vacant since June of 2014 because we moved into a larger mental outpatient facility. The landlord threatened to take us to court if we… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,074 satisfied customers
I apologize but this is a long situation. We relocated from
I apologize but this is a long situation. We relocated from TN to GA and have had several problems with the landlord since we have been in the current property. We did a walk thru when we moved in and… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I am a self employed artist. I moved over 70 miles to rent
I am a self employed artist. I moved over 70 miles to rent an "office space turned into an apartment" so i can have studio space to do my artwork in, I have been here since the beginning of the year. … read more
Maverick
Maverick
Doctoral Degree
6,338 satisfied customers
I have a llc and I would like to make a sub lease contract.
I have a llc and I would like to make a sub lease contract. I live in VA. how can I do that?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
Hello, We gave 60 notice to vacate and we have 2 months left
Hello, We gave 60 notice to vacate and we have 2 months left on lease. Landlord wants 2 months rent, or they will take us to court and wreck my credit. We have lived here almost 2 years and raised ren… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We lease part of a building for a pre k school in aptos, CA,
We lease part of a building for a pre k school in aptos, CA, our lease was for 1 year and ends in June. We have repeatedly said we would like to renew, our landlord has just advised that he plans to r… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,074 satisfied customers
On May 1 2011, i signed a 18 month + 5 year option lease for
On May 1 2011, i signed a 18 month + 5 year option lease for a commercial space. Business has not been perfect and the landlord has been more than willing to help me in time when the rent was late. Th… read more
socrateaser
socrateaser
1,031 satisfied customers
Six months ago I rented a small "general commercial" space
Six months ago I rented a small "general commercial" space for my art studio. While I'm trying to get the Certificate of Use the city asks me for plans of the construction, which I rented "as is". Aft… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I got a 30 day notice on Monday (7/28/13) for teaching piano
I got a 30 day notice on Monday (7/28/13) for teaching piano lessons at my place. So far-no one has complained in the 4 years I've been here but the property management company (one individual) said t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Moved into house on 8/1/11 - onw year lease w/option to buy
Moved into house on 8/1/11 - onw year lease w/option to buy - renewable for one more year (until 7/31/12). Landlord agreed to renewal as he had stated he could do two years before I ever signed and mo… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,074 satisfied customers
I live in LA, CA. I took over an apartment from a friend a
I live in LA, CA. I took over an apartment from a friend a year and a half ago on a month to month. I've paid the rent every month in that time. I asked a troublesome roommate to move out- he went beh… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I moved into an apartment approximately 2 months ago. In past
I moved into an apartment approximately 2 months ago. In past 3 weeks I've had a leak in the ceiling due to the air conditioner leaking. I had several calls into the landlord to make repairs. Nothing … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
My girlfriend and I began renting a house in Birmingham, AL
My girlfriend and I began renting a house in Birmingham, AL in May of 2010. The original lease was for 1 year. At the end of 1 year both of us signed a lease extension for that specified the lease was… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I (the Tenant) have a current lease agreement which covers
I (the Tenant) have a current lease agreement which covers up to Dec. 31, 2012. As part of the original Lease agreement started 3 years ago, the Tenant offered to pay 6 months advance rent due to some… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Our son(college student) is living in a leased apartment in
Our son(college student) is living in a leased apartment in a handicapped equipped apt(they rented to him as it was only one empty last August 2008) and they told my son that if he wanted to get out o… read more
Maverick
Maverick
Doctoral Degree
6,338 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x