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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2741
Experience:  Helping you with your legal questions.
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I signed a contract with a landlord for a space to start a

Customer Question

I signed a contract with a landlord for a space to start a mircoblading business. The Department of Health requires I get a tattoo license to apply for a biomedical license because I will handle sharps and blood bourne pathogens. Once I did that I went to apply for my occupational license where I was told I could not have this type of business in the development. I was very surprised and so was the property manger. I went back to the property manager who assured me that we could go through a process that would give me permission to work there. It has been three months and we haven't gotten anywhere. The original property manager I was working with has now left. The landlord is saying that the process to get permission is long and will require an attorney. They don't want to help and want to terminate my lease. On top of it all they want to charge me to terminate the lease. I have been waiting three months and have gotten the run around and now they want to terminate my lease. I have put lots of money into this. What legal rights do I have as a tenant?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Sound good?

Customer: replied 1 year ago.
Expert:  Damien Bosco replied 1 year ago.

Hi there seems to be two issues here. One is the lease itself. Is it a written lease? Has the term ended? Are there terms that says either party can terminate earlier then the lease end? And the other issue is whether the landlord promised you something to induce you to sign the lease, other what is in the lease. We can discuss.

Customer: replied 1 year ago.
The lease just started. I haven't been able to start business because of the occupational license issue. Yes, I can terminate the lease but they want to charge me.
Expert:  Damien Bosco replied 1 year ago.

Okay. I thought you said that they want you to terminate the lease but you want to stay. So, you want to leave because you cannot start the business of the lack of the license and they want to charge you for it?

Customer: replied 1 year ago.
I cannot work without the occupational license. The development don't allow it. I did not know this other wise I would not have signed a lease there. The landlord states they did not known either. It looks like I have no choice but to terminate but I don't think it is fair that I pay. I want to recoup some of my expenses. Can I do that?
Expert:  Damien Bosco replied 1 year ago.

Yes. I understand. Did the landlord tell you that you would be able to get it and therefore you signed the lease? What do you think is the landlord's fault?

Customer: replied 1 year ago.
We were both under the assumption that there would Not be a problem. Once I encountered one they said they would help but nothing came of it. After my talk with them today they don't want to help. It is up to me to figure it out or terminate the lease. Is there a way I could negotiate to get some of my costs back?
Expert:  Damien Bosco replied 1 year ago.

Well. Possibly. When someone enters a contract each side has to be honest about the facts. So, if you believe that that landlord knew there was a problem but got you to sign the lease anyway, then that could be a claim for fraudulent inducement. Or if the landlord lead you to believe it would not be a a problem, then the could be a claim of fraudulent inducement. On the other side of it, if a tenant breaks the lease, in most situations the landlord would have a duty to re-let the space to lessen any damages. Generally, when someone breaks a lease, they lose the security deposit and that's it. Possibly there is room for negotiation. Let me know if you want to discuss this more.