CanI get out of my commercial lease if my premises has an odor that is coming from another business?

UPDATED: Nov 21, 2011

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CanI get out of my commercial lease if my premises has an odor that is coming from another business?

My business has been having a problem with a bad odor coming from another business. It has been going on and off for the last 2 years and has not been resolved. I am thinking of leaving but have a small amount of time on my lease.

Asked on November 21, 2011 under Real Estate Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you have a factual basis to end your commercial lease as a result of a foul order coming from an adjoining business, you need to carefully read your written lease with your landlord in that it controls the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. The issue really is how bad is the order you have coming from the other business?

Does the landlord own the unit where the foul odor is coming from? Is the odor so bad that it could be deemed a nuisance? Have you spoken with the other business owner about the foul odor to try and resolve the situation?

Have you had the local health department come and inspect the adjoining building? Until you have done the above , I do not believe you will be able to get out of your commercial lease based upon the foul odor alone. If you have a small amount of time on your lease, it might be wise to simply let the lease run its course and vacate.

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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