Is there a legal way to break a commercial lease?

Do the same “uninhabitable” laws apply to commercial tenants as residential? My business was damaged by a storm 3 months ago. The landlord said it would take 2 weeks to fix the structural damage. Now 2 months have now passed and no repairs have been made. I have since hard to shut the business down for safety reasons. With one year remaining on my lease, is there anything I can do?

Asked on September 15, 2012 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yhe implied Warranty of Habitability does not apply to commercial leases.  It applies only to residential leases.  But your siutation would seem to give rise to a breach in your agreement.  You should speak with ana ttorney not only about the lease but about the loss of income claim for having to shut your doors.  Good luck.

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