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LegalCornerTM - Commercial Leases F.A.Q.'s

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Q.My landlord allowed another tenant to put a patio in front of my leased space, can I terminate the lease?

A.There is a small chance that you can terminate your lease. First, check the lease itself. Chances are slim, but the lease might require the landlord to maintain open access to your space and to permit unimpeded visibility from the street. If your lease does not specifically require this, see if your lease says about the common areas. If the lease says the common areas must remain open for use by all tenants, arguably an outdoor front patio use violates this provision. If there is nothing specific in your lease to address your situation, you will have to argue that it is "implied" that the landlord will not do something that drastically changes the building and common areas that diminishes the value of your leased space. Whether or not this argument will be successful will depend on the specific terms of your lease. We strongly suggest you contact a local licensed attorney to review your lease.

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Copyright 1999-2019 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.