Terminating Commercial Lease

This is a discussion on Terminating Commercial Lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; PA Can I terminate a commercial lease for repairs not made and if I just stop paying the rent do ...

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Old Mar 18th, 2009, 07:59 PM   #1
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Default Terminating Commercial Lease

PA Can I terminate a commercial lease for repairs not made and if I just stop paying the rent do I have to essentially buy out the lease?
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Old Mar 19th, 2009, 01:33 PM   #2
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Default Re: Terminating Commercial Lease

What does your lease say? Check state law for commerical laws. But there usually are none and you are not covered under LL-Tenant law of your state unless that statute specifically lists commerical rentals. That means you do not have the right to rent withhold like residential tenants do. If you fail to pay rent, you may find that you are locked out of the rental and the business assets are seized for money due. This is common in commerial leases. I've seen this happen many times. The worst case I ever saw was a tax preparation business. When it was locked, the clients tax returns and paperwork was locked into the unit and the tenant could not access them. (Fortunately for the clients, the owner did release the returns and paperwork to the clients - not the tenant - once it was brought to his attention.)

Does your lease say anything about repairs? What type of repairs? (You may be responsible for your own repairs in a commercial unit.) Have you written a request for repairs to the owner and mailed it by certified mail, return receipt requested?

Does the lease list an early termination fee? If not, you probably will be held responsible for rent until it is re-rented, advertising fees, and other unreimbursed costs. If he is unable to re-rent the unit at the same price, you would be responsible for the remainder of your lease.
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