If I have a newly signed lease for my business but the landlord changed his mind and now won’t let me to move in, what can I do?

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If I have a newly signed lease for my business but the landlord changed his mind and now won’t let me to move in, what can I do?

We have a signed 3 year lease; as of the 1st of next month I have no where to house my small business. This is causing unnecessary hardship on myself and my clients. The new landlord who’s signature is on the lease says that he spoke with his lawyer and was advised to not honor the contract because his insurance would go up if my business moves in; it would be better to leave the space empty as a tax write off. I do not have the funds to hire a lawyer. What can I do since he is violating the terms of our lease agreement?

Asked on July 26, 2011 Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears from what you have written that you have a signed written lease between you and the landlord signed by each of you for a commercial space. If you want to move into the space, write the landlord a letter stating you intend that he or she honor the contractual obligations and that you are ready, able and willing to move into the space immediately as the new tenant for the 3 year term with a stated date of move in. Keep a copy of the letter for future reference.

Make sure you send all required money to the landlord in a timely fashion.

If the landlord will not honor the contractual obligations, you need to consult with a business lawyer concerning a specific performance action to compel the landlord to honor the contract seeking damages and possibly attorneys fees.

Good luck.


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