Legal Question in Landlord & Tenant Law in Colorado

I own a beauty type of business in Colorado. My landlord allowed a montessori school to lease next to me. I now have to deal with 30 screaming kids and parents who pick up their children in front of my office. This is not acceptable for my business. Do I have the right to get out of my lease early? The landlord and the school director have been contacted by me but with no real remedy. It only made the situation worse between me and my landlord as well as the school director. My landlord has done very little (asked the director to ask the parents to be quiet as they pick up kids) and the school director has turned herself as well as some parents on me. I can no longer tolerate my new circumstances and want ot get out. Can I do this without repercussion?


Asked on 1/22/12, 1:50 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

The answer depends on your lease terms. Without this review there is no way to know. It is likely you are facing very long odds unless your commercial lease is uncommon. This would be especially the case if your lease directly disclaimed the covenant of quiet enjoyment.

Bring the lease to an attorney who has experience in commercial leases and they will be able to tell you pretty quickly if you have any chance of claiming a constructive eviction.

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Answered on 1/22/12, 2:03 pm


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