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I am a small business owner who sign a lease to a build that…

Customer Question
I am a small...

I am a small business owner who sign a lease to a build that would be shared by one other tenant. My business is family and children therapy and the new tenant will be selling e liquid and vapor devices. My lease states no dangerous materials can be on the premises. E liquid is highly flammable and could pose a danger to my clients and me. Can I get out of this lease? I only been in it for 2 months. I signed a 1 years lease. .I live in the state of Alabama. I would like my deposit back and repayment for repairs I did to get the build in compliant to pass inspection to obtain my business license

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Alabama

Lawyer's Assistant: Has anything been filed or reported?

What do you mean

Lawyer's Assistant: What confuses you?

Anything file or reported

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I covered it. I want to know my tenant rights

Submitted: 9 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
9/24/2017
Lawyer: Thelawman2, Lawyer replied 9 months ago
Thelawman2
Thelawman2, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1,986
Experience: Attorney-at-Law
Verified

Hello, my name is ***** ***** I will be helping you today.

So there are a couple of points to your question. First, if that provision of your lease is being broken by the landlord, then yes, you would have a right to break the lease and also sue for additional damages that you have incurred as a result of the landlord's breach (the lost expenses could be included in that suit for damages as well as any additional expenses you have to incur because you need to find a new place).

However, the tougher question that you will need to demonstrate in court (if it were to come to that) is that the the e-liquid material would be considered dangerous materials. This would be a fact question for a court to decide, and you would need to be armed with studies or expert testimony about the dangers of these materials.

If you want to try to negotiate, what you might want to do is tell the landlord that you would agree to not sue him in court for damages, if he agrees to letting you out of the lease. However, if you really want to recover the monetary damages, then I'm guessing that the landlord is going to put up a fight and you are going to need to bring a court case.

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