I signed a commercial bldg lease, agent promised to give key today but procrastinating now. Has contact be breached?

The LEASE Contract's term is from June 1st for two year. But the addendum states "The lease is contingent upon the current tenant vacating the premises by April 30." The agent told me that previous tenant is still working on the building and therefore they can't give me keys until they are finished. They say We will have keys by May 11th at the latest. Does this mean contract has been breached by Landlord and we don't have to adhere to the contract?

Chino Hills, CA -

Attorney Answers (2)

Scott Richard Kaufman

Scott Richard Kaufman

Lemon Law Attorney - Los Altos, CA

Will need to see all docs to know for sure but, if the contingency is one that is material, ie, they are supposed to deliver premises to you a month early without you paying for it, then I guess you have a claim to get out if you choose to? I highly recommend paying a lawyer a modest fee now instead of paying one a huge fee later.

Marcus William Morales

Marcus William Morales

Family Law Attorney - Santa Barbara, CA

I agree with my colleague. Without reviewing all the relevant paperwork it seems the previous tenant's remaining on the property past the agreed upon April 30 is a material breach which may lead to you having the option to void the lease and be relieved of any further obligations. Once again, I would need to review the lease and investigate the situation further.

Marcus W. Morales, Esq.
Morales Law
115 W. Mission Street
Santa Barbara, CA 93101
(805) 845-5405

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