Lease agrement

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Lease agrement

I own a hair salon and in the lease agrement it says that I have exclusive rights to be the only hair salon in the complex. However, a few years ago, a nail salon moved in and now they are cutting hair. I would like to get out of my lease but have 3 years left. Is it possible to get out of the lease since the landlord let another salon cut hair?

Asked on June 14, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

For a definitive answer, you need to have an attorney review the lease, because a lease, like any contract (that's what leases are: contracts) is governed or controlled by its *precise* language. For a definitive answer about your rights or options under a contract, the contract itself must be reviewed.
That said, as a general matter, if one party to a contract or lease, like your landlord, violates or breaches a material, or important, term of the contract, like the exclusivity provision (by allowing or having another hair cutting business in the complex), that material breach can allow the other party (you) to treat the lease as terminated without having to pay any penalty or early termination fee. So in general or in theory, based on what you write, you should be able to get out of the lease without pyaing the $6,000+. But again, that is a general answer; for a definitive one, you need an attorney to review your specific lease/contract.


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