Legal Question in Landlord & Tenant Law in California

Re: Do I need to record a commercial lease agreement

Answers to your questions:

Do I need to have the lease recorded in order for it to be legal? Answer: No.

In other words, if the person I am leasing space from decides to change the price of the monthly lease, am I protected because we already have an agreement? Answer: That's what the agreement is for; recording it doesn't change anything in that regard.

Or do I need to have the lease recorded in order to have the agreements in the lease legally enforced? Answer: No.

In fact, warning: Many commercial leases prohibit your recordation of the lease. Certain circumstances may warrant the recordation of a lease, such as where there is an option to purchase built into it; but in general, a lease need not be recorded.

For more information, seek out the advice of a competent real estate transactional attorney. Call or email if you have further questions.

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