Do I have grounds to terminate my restaurant lease for non-disclosure of a highway project?

UPDATED: Feb 12, 2012

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Do I have grounds to terminate my restaurant lease for non-disclosure of a highway project?

I am almost 1 year into a 5 year restaurant lease. I just found out that the 2 lane state highway is going to be expanded to 5 lanes and the state right of way takes a large portion of my parking lot and stops only 8 feet from my dining room. This was not disclosed when I signed the lease. I feel this will severely hurt if not kill my business when it happens. I have an opportunity now to move into another building right up the road that will not be adversely affected. Does the non-disclosure give me grounds to terminate my current lease?

Asked on February 12, 2012 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your landlord knew that there was going to be a highway project that was going to impact the use of the building you rented and failed to disclose this material fact to you before you entered into the lease, it seems that you have a valdi basis to cancel the agreement based upon concealment from what you have written.

I suggest that you follow up with your question with a commercial landlord tenant attorney.

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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