Burbank, CA asked in Business Law, Contracts and Real Estate Law for California

Q: A new small business owner is looking for an advise on the commercial lease situation and potential representation

I signed my commercial lease to open a boutique fitness studio in March 2020, right before the locked down that no one could have predicted at the time I signed my lease. Due to a number of factors I still don’t have possession of the place, haven’t started buildout and my commencement period hasn’t started. That has been favorable to me because of Covid-19 impact on the fitness industry and the uncertainty on when studios can open back up for indoor operations and what the permitted capacity will be. Unexpectedly, my landlord started pushing me to sign the Commencement Memorandum immediately and start permitting/buildout. I don’t believe it’s the right time to start a new fitness business and contemplating to get out of the lease. Unfortunately, my lease doesn’t include the force majeure provision. I’m looking for an experienced attorney specializing in the commercial leases, helping tenants and who can find loopholes for me to get out of the lease with minimum expense. Thank you!

1 Lawyer Answer
Shawn R. Jackson
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Answered

A: Understood ... so, your first step is to engage an attorney of your choice to schedule a free initial video call consultation ... which starts with you emailing us a copy of the signed commercial lease ... you have several options depending upon the signed lease and the surrounding facts and communications ... thank you.

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