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#350894 - 09/09/10 11:29 PM Can a Commerical lease just be canceled after it was signed
katieb Offline
Junior Member

Registered: 09/09/10
Posts: 1
Loc: walnut creek, ca
California Commercial Lease: I have a short term lease that I signed months ago that goes into effect oct 1st. I have already giving a deposit that was cashed and the rest on the rent is due in full oct 1st. I just learned today that the landlord wants to cancel my lease and give me back the deposit so he can rent it to someone else for the same term. Can he do this? Isn't this a binding contract? I have thousands of dollars invested into this business and now im not going to have a lease. I have not taken possesion of the prop yet. Please help!

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#350908 - 09/10/10 12:35 AM Re: Can a Commerical lease just be canceled after it was signed [Re: katieb]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8478
Loc: georgia
WHAT'S IN THE CONTRACT????

If you don't have a leasing broker representing you you made a big mistake.The leasing rep for the the landlord or the landlord themselves are NOT on your side.

If no leasing broker worked with you at least get a commercial real estate leasing attorney to look it over.

No legal advice.

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#351311 - 09/14/10 12:02 AM Re: Can a Commerical lease just be canceled after it was signed [Re: super realtor]
Merkaba Offline
Veteran Member

Registered: 03/20/07
Posts: 1090
Loc: South Carolina
Doesnt sound like you had an agent looking out for your best interest, like super was implying. If so you should have had some terms, rights of first refusal, or monetary consideration if this happened. Did you deal with the agent that was advertising the space or directly with the landlord? Or did you have a seperate agent from another brokerage?
_________________________
Realtor Extraordinaire, ABR, E-Pro

Keller Williams Realty
Upstate South Carolina

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#352113 - 09/22/10 10:17 AM Re: Can a Commerical lease just be canceled after it was signed [Re: Merkaba]
lisaRE Offline
Junior Member

Registered: 09/16/10
Posts: 6
Loc: london,uk
very true. did you have somebody representing you? or did you and the landlord deal directly? also very important , what was in the contract? normally there is a binding contract, even without representation. and you could technically sue for breach of contract. you dont have to accept his termination technically. but to be on the safe side. get the attorney to look at the contract!!!!

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#352275 - 09/24/10 02:44 AM Re: Can a Commerical lease just be canceled after it was signed [Re: lisaRE]
francinebourne Offline
Junior Member

Registered: 09/22/10
Posts: 6
Loc: Australia
Absolutely that's a breach of contract if you don't know the exact thing to do better to have some legal advice.

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#352315 - 09/24/10 04:37 PM Re: Can a Commerical lease just be canceled after it was signed [Re: francinebourne]
JLNorthOC Offline
Member

Registered: 06/17/10
Posts: 132
Loc: Fullerton
Sounds like its a breach of contract to me. Did they use the standard contracts or something they wrote up themselves?

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#364004 - 01/18/11 10:32 PM Re: Can a Commerical lease just be canceled after it was signed [Re: JLNorthOC]
Dacelle Pano Offline
Member

Registered: 01/16/11
Posts: 25
Loc: United States
Yes, once it was signed already, there's no cancellation. It's a breach of contract. You can ask for legal settlement about that.

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