CanI get out of my commercial lease if my premises has an odor that is coming from another business?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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