Can a landlord restrict a tenant’s hours of operation if there is no such restriction in the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord restrict a tenant’s hours of operation if there is no such restriction in the lease?
After 2 months of being open for business, all of a sudden the landlord is trying to say I have to close earlier. My business is open until 8 pm in a office building. She states that the office building hours are until 6 pm. But there are other businesses operating later than 6 pm as well and she is only targeting me. And also, there was nothing in the contract which mandates I close at a specific time and I had already disclosed my business hours prior to signing lease agreement. What are my rights as a paying tenant? Since what the landlord is doing doesn’t really seem legal.
Asked on May 16, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lease is a contract; it binds both parties. If there is nothing in the lease indicating that you have to close by a certain time, the landlord cannot require you to do--particularly not in the case where, as your write, you fully disclosed hours of operations prior to signing the lease agreement.
That said, it also may be the case that the landlord does not need to provide certain services to you, after the building close hours, which may effectively force you to close. For example, if there is a security desk and the hours are only until 6, then the landlord may be entitled to lock the doors at 6 when the staff goes off for the night. You may then be able to let people in yourself, but you would not be able to require her to staff the desk later until the lease provided for it.
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.