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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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