Q: I rented a 2nd floor commercial space for use as a piano studio, paid deposit/first month rent, then couldn't access it.

A: Based on the information you provided, it seems that there are a few key considerations in determining whether you are entitled to a refund of your security deposit and first month's rent:

1. Duty to inspect: Generally, before signing a lease, the tenant has a responsibility to thoroughly inspect the premises to ensure it is suitable for their intended use. This would typically include checking access points, elevators, etc. if you have specific requirements like moving in a large piano. Not doing so could potentially weaken your case.

2. Timely notification: You notified the landlord 13 days after signing the lease that the space was not suitable due to the inadequate elevator and narrow stairs. Prompt notification works in your favor, as you alerted them to the issue relatively quickly.

3. Lease provisions: You mentioned that the lease states if the lessor can't perform, you can request a refund. This clause could potentially support your position, depending on how it's worded and interpreted. If the landlord promised an adequate loading elevator and failed to provide one, they may be in breach.

4. Access and use: The fact that you never received keys or accessed the studio space could also bolster your argument that the lease was not fulfilled by the lessor.

Ultimately, your entitlement to a refund will depend on the specific language of your lease agreement and the application of California landlord-tenant laws to your situation. It may be worth consulting with a local real estate attorney who can review your lease and provide guidance based on all the facts. They can also advise you on next steps, such as negotiating with the landlord or potentially pursuing legal action if necessary to recover your deposit and rent. Keep all written communications with the landlord as evidence in case this escalates to a legal dispute.

A: Thank you for asking the question!

Usually it is the tenants' obligation to inspect the property to see if the property is a for to his purpose of leasing. This duty usually is bolstered if it is written in the lease.

If at the time of the leasing, tenant had communicated to landlord that the purpose of contact is for Piano Studio, then the lease agreement can be rescinded if no pianos can get into the studio, and you can get back your deposit.

However, if the lessor was not on notice about the 7" piano, you may either a. Beach the lease agreement, or b. sublease the property (if it is allowed under the lease).

If you decide to Breach the agreement (means walking away from the lease), there is usually a "liquidated damages" provision in the agreement. This provision needs to be evaluated by an attorney to see if it stands legally. If it does, you need to pay it. If the provision fails (e.g., the provision is punitive), you can get back your deposit fully.

The governing document is the lease agreement. Even though this a commercial lease, there can be some local rules in your area about the deposit.

This is merely discussion of general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.