Can I billing against a commercial space deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I billing against a commercial space deposit?
I rented commercial space to a business and the lease ended at the end of last month We noticed the space had trash piled up inside the door on the first of this month. They did not return the keys until the 16th. by mail. Can we withhold money for the 16 days that they kept the keys or an entire month for not giving 30 days notice?
Asked on February 23, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to answer your question is to read the presumed written lease that you as the landlord have for the commercial rental. If the former tenant was to give you written notice of the tenancy and failed to do so, then under the lease, the failure to give the required notice would seem to have placed the former tenant at risk for the 16 day period that you were not aware that the tenant had vacated and ended the lease.
Make sure you document all recourse you intend against the former tenant in writing as a precaution. I would debit from the security deposit the 16 days for rent where any proper notice of termination to end the lease was not given by the former tenant.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.