Legal Question in Business Law in Missouri
I leased property for the purpose of opening a retail vitamin shop. The county put a median down the middle of the road, and now, in order to access my store, you have to cut between two businesses, across someone else's parking, and the old access road to get to my store. There is nothing in the lease that says that there has to be adequate access, but the lease states that I would be using the store for the sale of vitamins which would imply that there should be adequate access. I am having a tough time because no one can get into my store. Can I get out of my lease?
1 Answer from Attorneys
Possibly. Inherent in every lease is that the property should conform to contract for its intended use. A property is worth far less commercially if it cannot be easily accessed. The two key questions are: 1) Did you know, or should you have known, about the roadwork when the lease was signed? and 2) Did the lessor know about the roadwork when the lease was signed, yet he concealed this from you? I would need to answers these questions first.
Sean Santoro
Santoro Law Office
Licensed in KS and MO
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