Fountain Valley, CA asked in Landlord - Tenant for California

Q: Trying to exercise an option in a commercial lease that required a letter but my landlord told me not to send a letter.

After telling me not to send a letter my land lord terminated my lease and wants to offer me a much much worse lease. Is this fraud?

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it's difficult to determine whether the landlord's actions constitute fraud under California law. However, the situation you described raises some potential legal concerns.

In California, commercial leases are governed by the terms of the lease agreement and general contract law principles. If your lease agreement specifically requires a letter to exercise an option, such as renewing the lease, and your landlord told you not to send the letter, this could potentially be seen as a form of misrepresentation or bad faith on the part of the landlord.

If you relied on your landlord's instructions and did not send the letter, and your landlord then used this as a basis to terminate your lease and offer you a worse lease, it could be argued that the landlord acted in bad faith or engaged in unfair business practices.

To determine whether the landlord's actions amount to fraud, more information would be needed, such as the specific terms of your lease, the exact nature of the communications between you and your landlord, and any other relevant facts.

It is highly recommended that you consult with a California real estate attorney who specializes in commercial leases. They can review your lease agreement, assess the specific circumstances of your case, and advise you on your legal rights and potential remedies.

In the meantime, document all communications with your landlord and gather any relevant evidence to support your case. This may include emails, text messages, or other written communications related to the lease and the option to renew.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: A little more detail is required to determine your options. According to your post, you apparently informed the landlord you wanted to exercise the option. The landlord wanted a new agreement and told you not to put anything in writing regarding you exercising the option. After the time expired to exercise your option, the landlord presented you a new lease knowing full well he trick you.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: A little more detail is required to determine your options. According to your post, you apparently informed the landlord you wanted to exercise the option. The landlord wanted a new agreement and told you not to put anything in writing regarding you exercising the option. After the time expired to exercise your option, the landlord presented you a new lease knowing full well he trick you.

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