Breaking Lease

We signed a one-year lease to rent property (office space plus parking) for a new business. The owner of the property knew the type of business (residential plumbing, heating, and a/c) and that we would be parking the company truck in the lot. We just learned that, in our town, commercial vehicles must be parked in garages or else they violate the town's ordinance disallowing contractor's lots. So, we need to find a new location. Is it the responsibility of the landlord or the tenant to know that the company truck could not be parked outside? In other words, are we responsible for the balance of the lease payments for the year when we find the new location or will we be able to break the lease because of the town's ordinance?

Since it is your truck, you are responsible for knowing this ordinance. Where were these trucks parked at your last location? Were they in a garage? It is your responsibility to know any law that pertains to your business.

The LL rented a commercial office with a parking area. No doubt, this has been used for customer parking and employees in the past. He probably has no idea of that ordinance concerning commercial vehicles. Contact him and inform him of the ordinance so he will be prepared for this in the future. Negotiate a lease break clause. Then give notice and move to a new location. Good luck with your business.

We've only been in business since October. Prior to this location, the truck (we have only one at this point) was in a garage (with no office space) in another town, which was the best fit for the new business. We moved to the new location to be in our town. Yes, the parking has been used for customer and employee parking in the past. We are aware of another plumbing/HVAC company that is currently taking the town to court over this since his space has been used in this capacity for over 10 years. But, with us being a new business, we don't have the resources yet to take the town to court. We'd prefer to simply part from our LL using this as a reason and move to a new (and better/larger) location, unfortunately outside of town.

We will certainly let the LL know of the ordinance so he will be prepared for this in the future, negotiate a lease break clause, give notice, and then move to a new location. Good luck with your business.