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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34075
Experience:  30 years of real estate practice experience.
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My landlord was cited for construction violations. The

Customer Question

My landlord was cited for construction violations. The building was deemed an "immenent hazard" and i was evicted from my office for a month and a half. Would this constitute a breach of contract? Secondly upon signing my lease I agreed to pay for the utilities. After i took possession of the premises, I found there to be no seperate meters for my space. Am i still liable to pay utilities for a shared building. My space is 300 sf. The space next to me is 3000sf.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

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

If the landlord is unable to provide possession of the leased premises to you, they are, indeed, in breach. You may sue for your damages and, depending on the remedies available in the lease if it addresses an interruption in possession, terminate the agreement.

As far as the utilities, it is possible to share the utilities on a pro rata basis if there is no separate meter, but the breach (and losing possession of the premises for 6 weeks is a major breach) would likely allow the cancellation of the lease if you want out.

Customer: replied 1 year ago.
Hi Loren. I want to continue to rent the property, but i have a question about the pro rata utilities and how to get him to agree with a fare rate. Also. I was evicted with one week left on my monthly rent i.e. i was evicted on the 21st. Of the month. I was told by him that everything was corrected and i could move back in on the 3rd of the month.( after the six week eviction). I declined and told my landlord that i would move back in on the 7th. He said i would have to pay him for the full month. And he was keeping the previous months partial rent payment for payment on the utility bill.
Expert:  Loren replied 1 year ago.
Thank you for the additional information.
He is in breach of the lease and not entitled to rent for the period you were not able to occupy. You are also entitled to be compensated for you costs of finding temp space while you were not able to use the office.
You can also demand proof of the utility bill, or at least your portion.
Expert:  Loren replied 1 year ago.

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