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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31684
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We currently own a business inside a mall. After some complications

Customer Question

We currently own a business inside a mall. After some complications and such, we are now planning to move to a different location within the same mall. We've already signed the lease but no additional deposit was paid because they're using the deposit from the previous lease. We're wondering if it's possible for us to terminate the lease and walk away because the lease has not started.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. If you've signed the lease, your ability to cancel it would depend on what the document says......but you wouldn't be able to cancel simply because the lease hasn't started yet. So, you'd need to take a look at the lease and see if there's an out for you under the terms of the agreement.
Expert:  Roger replied 1 year ago.
IF you cancel without a legal or contractual right to do so, then you're going to open yourself up to the being sued by the landlord for breaching the agreement.
Expert:  Roger replied 1 year ago.
The landlord would have a duty to mitigate damages by re-leasing the property as soon as it can, to minimize your liability, but you would be on the hook until the lease was picked up by another tenant.
Expert:  Roger replied 1 year ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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