Either party in a rental agreement may want to terminate the lease for a variety of reasons. A landlord may want to sell the property before the tenant’s lease is up, in which case the tenant is allowed to pursue damages. A tenant may wish to terminate their lease early to move across the state for a new job or any number of other motives, and in this case, the landlord may pursue legal action.
We represented a private equity company who had a tenant who desperately wanted to terminate his lease. He wouldn’t try to sublet or do anything more than saying he had a deal with the previous owner. After moving out, we filed an unlawful detainer to sever his rights and, after significant litigation, resolved the matter in our client’s favor.
In a commercial space, a lease often describes the use of the space. Further, it may include a provision for “exclusive use,” meaning that the landlord may not lease to other commercial tenants of the same business type. For example, a hairstylist in a strip mall doesn’t want another salon going in next door. If the landlord ignores this agreement, the tenant may pursue legal action.
Use provisions are hotly litigated, usually second only to terminations of a lease. But exclusive use provisions are not exclusive to the retail sector. Moschetti Law Group litigated a matter for a very high net worth owner in the San Francisco Bay Area. He owned an apartment building in the middle of the Marina District (a very exclusive part of town). He discovered a gorilla cage in the penthouse flat during a routine inspection, just like the kind in the movies. And that was precisely what it was doing there – the tenants were using the flat as a movie studio for, well, not the kind of movies that you’d want to admit seeing. We filed a claim for the violation of the approved use and ultimately received both an eviction and a monetary award.
The attorneys at the Moschetti Law Group represent high net-worth individuals, private equity firms, and family offices. We built our firm on a set of principles that puts our clients first by providing outstanding representation, aggressive negotiation, and world-class client service and communication.
If you plan to file a litigation claim or need defense against one, call now to discuss how the Moschetti Law Group can help in a free, no-obligation strategy session.