- Jurisdiction
- California
Landlord told a tenant that the premises, tenant was interested in, had 1500 SF. Landlord came up with the rental based on 1500 SF, with the initial rental of $4 SF.
When tenant measured the premises, he realized that the premises had less than 1000 SF. He asked the landlord for an explanation. Landlord said that lease was not based on SF, but on other factors.
Tenant signed a lease and spent a year fixing the premises. He ran out of money.
Tenant would like to have the lease modified to reflect the fact that the premises have only 900 SF, so that during the first year he was paying $6.75 SF instead of $ 4 SF..His rental during the second year will be $ 7 SF, and since it is a long term lease, based on yearly increases in rental, it will be even higher.
If rental is not lowered, tenant cannot open for business.
Can this lease be modified?
When tenant measured the premises, he realized that the premises had less than 1000 SF. He asked the landlord for an explanation. Landlord said that lease was not based on SF, but on other factors.
Tenant signed a lease and spent a year fixing the premises. He ran out of money.
Tenant would like to have the lease modified to reflect the fact that the premises have only 900 SF, so that during the first year he was paying $6.75 SF instead of $ 4 SF..His rental during the second year will be $ 7 SF, and since it is a long term lease, based on yearly increases in rental, it will be even higher.
If rental is not lowered, tenant cannot open for business.
Can this lease be modified?