California  |  Landlord & Tenant Law

Legal Question

Asked on: 9/17/10, 12:09 pm

Commercial lease, Tenant subleases to me ( subtenant )--Tenant failes to pay rent to landlord for 7 months, 3 day served, 30 day served, tenant responds within 5 day ( assumably to stall ) Question Do I have a cause of action against the Tenant for Breach of Contract for failure to provide a rental space ( I paid $1000./month) to me and Do I have duty to continue to pay rent

1 Answer

Answered on: 9/22/10, 12:46 pm by Timothy McCormick

It depends to a large extent on the terms of your sublease. If you have a month-to-month, you probably don't have a breach of contract as long as you get 30-days notice before you have to leave. You don't owe rent, however, beyond the term of your occupancy. If you have a sublease for a term, you probably do have a breach of contract action. You would still only owe rent until evicted. Under the circumstances, you also probably have the right to walk away from the sublease without being liable for rent once you leave. Personally, I'd be in negotiations with the landlord to cut the tenant out and lease directly from the landlord.

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