New York, NY asked in Real Estate Law for Pennsylvania

Q: Our commercial lease agreement was signed almost a year ago, but we still have not been granted occupancy.

Is there anyway that the lease could be void or broken due to the length in time and the long wait period that we are losing for business opportunities?

Related Topics:
1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Norristown, PA
  • Licensed in Pennsylvania

A: Your answer likely lies within the lease terms, so you should review your lease carefully. If you're having trouble with that, then seek the assistance of counsel.

If the lease terms offer no guidance or solace, then you could most likely file a claim for breach of contract (since you're not getting the benefit that you bargained for, namely a commercial rental space). Before that, however, you may want to request that the landlord voluntarily rescind the lease by way of a letter from an attorney (which shows you mean business, and that litigation is imminent if things can't amicably resolve).

Best of luck to you. Feel free to contact me offsite if you'd like further assistance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.