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Attorney 1
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Category: Real Estate Law
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Experience:  Knowledgable and Experienced Attorney
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I have a lease that I would like reviewed. This lease has

Customer Question

I have a lease that I would like reviewed.
This lease has changed each time I get a new one. We were discussing a 5 yr. lease but repairs were needed on the roof where it leaked, even after the repair. We discussed the A/C which is approximately 30 years old and inadequate for my 1000 ft shop in temperatures that sometimes reach 104 degrees F.
He, Lessor, has asked that I sign the lease since the building insurance had to be instituted. I agreed that I would sign a month-to-month lease until the insurance needs were satisfied and then we could continue on the longer lease.
The lessor then sent a month-to-month lease stating that I accept the premises as-is and basically, no further repairs or discussion would take place and the lease was valid for two years. I do not agree with these terms and will not sign.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues, contract law, and other types of law. I look forward to helping you today.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of this session?

What would you like me to review? Is this for a business, because you mention your shop? It is difficult to have a month-to-month lease for a business because that creates a very unstable situation for you and your business.

Customer: replied 1 year ago.
This is a business. It is a month-to-month lease, which is supposed to be temporary only until their insurance issues are settled. Apparently, they can not finish up the insurance business because my shop is still in the old owner's name. ( This was supposed to have been corrected when I took over). We are in negotiation for a 5 year lease pending agreement over aa leaking roof and old, inadequate air conditioner. Once the insurance matter was resolver, we were to return to the negotiation of the 5 year lease. I have now been informed that the lease is for "as-is" condition and is for two years. Lessor has added an addendum for this clause, which states that the Lessor is not agreeing to make any improvements or alterations to Suite 220.
The part that the lease is for two years was added verbally when we spoke and is not on the lease in writing.
What I want reviewed is the "as-is" clause and the verbal statement that the lease is for two years and during this time, the Lessor will not make improvements or alterations. I don't know if the roof will leak or not. It leaked during the last rain AFTER the roof was repaired. The A/C is about 30 years old and is inadequate for cooling the space. The temperatures during summer could reach 104 and inside with the thermostat set at 69, the temperature will be 78 or higher.
I don't agree with the terms of the lease and would like to know how it can be set straight to reflect what is necessary for the comfort of the people within the store, within reason.
Expert:  FamilyAttorney replied 1 year ago.

Thank you for that information. How long has your store been at this location?

I can look at the lease if you'd like.

Also, I'd like to know if there is anything in the lease that says he will make the repairs, fix the AC and the roof. Certain statements that are made orally generally cannot be used to change the meaning of a written contract. That means that generally speaking, including in CA, what is written will govern. So it depends on what is written in the lease, and if the oral terms contradict the written terms, the written terms will govern.

Customer: replied 1 year ago.
It is late at night here. I have read the lease through and will have to look at it again before calling you. I am going up to the store tomorrow morning, It takes about 3 hours to get there. I do have an apt. there so I can stay longer and not at a hotel.
in answer to your question, I have been at the store since 7/1/2015. I bought a friend who had it from 2011.
I will get back to you.
Expert:  FamilyAttorney replied 1 year ago.

No problem. I will be here after 6 PT today. I just happen to be here now. Thanks.

Expert:  FamilyAttorney replied 1 year ago.

I'm available if you are here. Thanks.

Expert:  FamilyAttorney replied 1 year ago.

You can check back with me tomorrow if you'd like. I'm here for a few more minutes but then I'll be logging off. If you need someone to look at the lease right away I will opt out. It's up to you but I am usually here every day. Thanks!

Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and, since the prior attorney assisting you opted out of the question, I'll be happy to assist.

Please upload a copy of the proposed lease to this post using the paperclip icon at the top of your typing box. I will be happy to take a look. In doing so, you should redact your personal information by blocking it out with a marker to keep it confidential.


Attorney 1

Expert:  Attorney 1 replied 1 year ago.

I'll keep an eye out for the contract.

Attorney 1

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