Feb
14
Can my landlord break our lease?
By
My boyfriend and I lease shop space. We signed a year’s lease and have about 7 mos. left. The property manager just notified us that we have to move out in 60 days because they are turning the space into a carwash. Do I have any rights? Is a lease signed just to protect the landlord?
Quick Property Sale
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6 Comments
February 15th, 2010 at 5:22 am
Read the lease. I would say if the property has been sold then you have no choice but to move.
February 18th, 2010 at 9:27 am
Generally not unless you have violated one of the terms in the lease you signed. Terms can’t be added after you sign.
February 19th, 2010 at 6:01 pm
Typically they cannot break the lease…(unless you have defaulted in some way). However the landlord may have placed a provision in the lease knowing he was going to change the use of the property.
You will need to have a real estate attorney review the lease for you.
Regards,
Joe Ballarino
February 22nd, 2010 at 2:47 pm
What does your lease say?
If it says that the lease can be cancelled with 60 days notice, then you are stuck.
If it doesn’t, then your landlord is stuck.
February 24th, 2010 at 1:53 am
Yes, as long as he did give you the notice.
February 25th, 2010 at 11:33 pm
Read your lease carefully. If there is a clause that allows both parties to break the lease under certain conditions and with specified notice then the landlord can break the lease if it’s done according to those conditions. If it allows only one party to break the lease, you might be able to fight it in court if he pursued eviction action. (A one-sided agreement might be voidable by the courts.)
If the lease says nothing about early termination of the lease, then the landlord MUST abide by the lease. He cannot simply terminate it to convert the property to another use.
If the landlord sells the property, the new owner is subject to the terms of the lease and cannot put you out until the lease expires.
Another option for you would be for you to sell the unexpired term of the lease back to the landlord – say for double the rent. If it’s £1,000 per month, sell it back to him for £14,000 cash and find another space.