What to do if I’m being sued for breach of contract regarding a commercial lease?

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What to do if I’m being sued for breach of contract regarding a commercial lease?

I have been sued because of a breach of a commercial lease contract. I found out after investing in blueprints that I will not be able to setup this business until the lot (not only the actual restaurant) is up to code. I told the owner of the building that I will need help from him to have the outer areas of the restaurant up to code for me to be able to open up my restaurant. After I told him I will not be able to move forward unless he can have the land up to code standards. I had a motion to compel sent to me I’m not sure what I need to do from now.

Asked on July 29, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you have been personally sued in what seems to be a complicated commercial lease deal, it would be best for you to consult with a lawyer experienced in commercial leases about the lawsuit and to possibly defend you in it.

You will need to file an answer to the complaint within a certain period after you have been served with it. If not, your default could be entered and a default judgment then entered where you would owe a certain sum of money.

Potentially you may have some defenses to the lawsuit against you and will need to consult with an attorney to ferret them out. If you have a signed lease that you are being sued upon, you need to read the lease carefully to see where you failed to perform, where the landlord may have failed to perform and if there were certain requirements that needed to happen before the lease became valid.

The motion to compel you reference probaly pertains to some written questions or document production requests served upon you that you have not responded to. Being in a lawsuit involving commercial property potentially is a high risk matter. You really should consult with an attorney about the claims against you.

Good luck.

 


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