Legal Question in Business Law in Virginia

Breaking a Commercial Lease

I signed a lease for a retail space. Three weeks before I was due to take over the space, I contacted the rental agency asking if they could find someone to take over the space as I didn't think I could make the rent and thought it would be easier for everyone involved if they found someone else to take the space. They thought about it for two weeks and said that they would let me out of the lease, but would keep my first months rent and security deposit. I refused. One day before I was due to take over the space they contacted me and said that they had someone ready to sign a lease for the same terms as I signed for. They asked if I would let this other person have the space. I said that I would if they would refund the money that I put up (security deposit and first month's rent). They refused. Before I signed the lease, the landlord said that I could break it without penalty as long as there was someone to take over seemlessly. However there is nothing addressing this in my lease. Now that they have someone and won't lose even a day's rent, can they withold my money as penalty?


Asked on 4/29/04, 10:38 pm

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Breaking a Commercial Lease

You mentioned that the landlord had told you that you could be let out of the lease. Does the lease contain any language to the effect that the lease constitutes the entire agreement and any oral representations are not a part of the agreement? If so, I suspect the landlord is right. However, you should have counsel review the lease in light of the surrounding circumstances. Do not rely merely on what I have said, because I have not read the lease.

Richard S. Stolker

301-294-9500

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Answered on 4/30/04, 8:29 am


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