Legal Question in Real Estate Law in California

I have rented a commercial space for a restaurant, after 60 days my contingencies were removed, however in an addendum we agreed that within 30 days of removal of contingencies the landlord would deliver to the premises as follows: 1). All plumbing, electrical, mechanical and HVAC systems in full working condition and 2). The grease trap and connecting lines shall be cleaned and Jetter. If required by the City of Vista, Landlord will install new grease trap according to code and connecting lines and Landlords expense.

My 60 Day contingencies were removed on 9/30/2016, as of 2/3/2017 the landlord has not delivered to me the suite as described in the addendum. My lease was supposed to start on Janurary 1st, am I required to pay rent considering the lease has not been delivered to me as promised?


Asked on 2/03/17, 11:23 am

1 Answer from Attorneys

That depends on a complete reading of the terms of your lease and a review of exactly what deficiencies there are in the condition of the premises compared to the terms of the lease and addendum. Landlords' failures to perform all the terms of a lease do not automatically entitle the tenant to withhold all, or sometimes even any, rent. Consult a local real estate attorney.

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Answered on 2/03/17, 11:52 am


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