I wish to terminate my two year commercial lease.
I signed a two year lease without knowledge that Verizon does not work in the building. All the other tenants knew this information and have told me that the landlords have known this all along. This is my business number marked on all my cards, brochures, websites and mailings. I cannot receive or send calls. Also, I signed knowing the town ordinance for my service was unregulated and would only require a $50 business license. Upon paying for my license the town decided to implement regulations that will cost me hundreds of dollars in order to work. Are these valid grounds for termination? If they take me to court what are the chances I would lose and have to pay my lease in full?
Thank you for your time.
Estate Planning Attorney
First, whether or not you would have to pay your lease in full depends on the language of the lease. While most leases apply accelerated rent upon a default, some do leases allow for early termination. Second, if your landlord made an express representation that Verizon service was available, you may be able to argue the lease should be terminated (though, more likely, if before a judge, you would simply be awarded the cost of a replacement service). Finally, increased costs of doing business are not a valid reason to terminate the lease.
Michael Gove is licensed to practice law in Massachusetts and Connecticut. He can be reached at 413-735-8037 or at firstname.lastname@example.org. This answer shall not be considered legal advice and does not create an attorney/client relationship. This answer provides general information about the issues raised by the questioner, and the answer provided can be affected by many other facts or dates not disclosed. The questioner should confer with an attorney in his or her state.
Family Law Attorney
I agree with Atty. Gove. Whether you can get out depends on the lease or upon any representation LL made about Verizon. Otherwise, the Verizon issue was a matter of your due diligence and should have been inquired about. The town bylaw issue is not grounds, especially since the change happened after the lease began.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.