Lease Agreement for Floor and wall space in a consignment store

UPDATED: Oct 1, 2022

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Lease Agreement for Floor and wall space in a consignment store

I currently have a 12 month lease in a store that I am paying rent for a floor and
wall space. In October the owner sent me a new month to month lease but I
never signed it. I was just given a 30 day notice to leave the store. The owner
has also breached the original contract 3 times. Breach one was changing the
days the store is open with only a weeks notice. Breach two was hosting
monthly vendor meeting and Breach three was classes hosted on the premises.
Can I get out of the lease fully and leave right away but still get my deposit

Asked on December 30, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, past landlord breaches of the lease will not allow you to get the security deposit back. The deposit is for unpaid rent or physical damage: assuming you leave not having damaged the premises and owing no rent, you must get the deposit back and could sue if you don't; but if you do cause physical damage or owe any rent, the landlord may keep some or all of the deposit to pay for those things.

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 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.

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