If we rent a business office and our landlord will not honor our renewal clause, does that constitute a breach of our lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we rent a business office and our landlord will not honor our renewal clause, does that constitute a breach of our lease?
Has our landlord defaulted?
Asked on April 14, 2015 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A lease is a contract--especially a commercial lease, where it's all about what the parties agreed to (in your state, residential tenants have a number of rights which supercede the lease terms). Leases and other contracts are enforced by the courts as per their plain terms. If the lease gives you a renewal right and the landlord is in breach of it, you could potentially sue the landlord for breach of contract, for either monetary compensation ("damages") or for a court order or determination ("injunction" or "declaratory relief") that he must let you renew under the terms of the lease.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.