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I signed a lease for a new office. The lease...

Resolved • Response time 1 minute

21 Oct 2021

I signed a lease for a new office. The lease had a floor plan with an office a storage area and a lobby. When I got the keys today the office did not have the storage area as per lease and floorplan. My current landlord has offered to significantly reduce my rent at my present office if I stay. Do I have grounds to break the lease if floorplan was misrepresented? I have put the 1st months rent and a deposit down already when I signed the lease. I suspect square footage might be wrong as well but have not measured the new office
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Houston Texas
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: It does not commence until November 1st 2021.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nope I think that it
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21 Oct 2021

Ask your own question
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Welcome. Thank you for your question. I am the Attorney that will be assisting you. Kindly allow me a moment to review your question and respond.

21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Welcome. Thank you for the opportunity to assist you today. My name is ***** ***** I have been practicing law for over thirty five years. I’m sorry to hear that you are having legal troubles. I know that can be frustrating.

Just so you are aware, JA is just a legal information site. We do not provide representation and no attorney-client relationship is formed.

I will provide answers to assist you in reaching a resolution as quickly as possible.

I have reviewed your narrative.

Did you inspect the premises prior to signing the lease?

21 Oct 2021
Customer reply
21 Oct 2021
I did but it was 1 large space that was roughed out. They broke what I saw into 4 offices and I signed the lease based on the expectation of the floor plan they provided before and attached to the lease I signed as a buildout
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Ok, thanks.

If the actual floor plan does not match the specifications IN THE LEASE, the landlord is in Breach of Contract.

21 Oct 2021
Customer reply
21 Oct 2021
Today I received the keys and the floorplan was different than what was in the lease. It was not an official walkthru as it was just the building maintenance handing me the keys
21 Oct 2021
Customer reply
21 Oct 2021
hmm, okay. I have 2 courses of action I think. Let them know they need to fix or let them know that they are in breach. If I go for 2nd option what are chances of me getting the deposit and 1st month rent back. Total of 1200 dollars.
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

If they are truly in Breach of Contract, your chances are good.

They will likely disagree, and you will have to sue them in Small Claims Court.

Check your lease for specifics on what may be required to notify them that they are in Breach.

21 Oct 2021
Customer reply
21 Oct 2021
okay, thanks. I'll take measurements of the office space and confirm if square footage is comparable or if that is incorrect as well. If I do go ahead and stay with it like it is would it be prudent to have them redraw the lease with the correct floor plan attached?
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

It would be more than prudent.

If you decide to keep the rental property, I STRONGLY URGE that the lease be amended in order to protect all parties.

21 Oct 2021
Customer reply
21 Oct 2021
thank you so much for the help. this will really help me make the best decision and make sure in with in legal bounds
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Do you have additional questions? I’m here to help.

21 Oct 2021
Customer reply
21 Oct 2021
Customer attachment 10/21/2021 7:07:40 PM
[Attachment hidden]
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Do you have additional questions? I’m here to help.

21 Oct 2021
Customer reply
21 Oct 2021
The 2nd paragraph seems to cover if they are not ready by Nov 1st. If they decide to correct and just push on date it will cost me an additional 850 rent from my current office
21 Oct 2021
Customer reply
21 Oct 2021
File attached (ZSQLZ3S)
[Attachment hidden]
21 Oct 2021
Customer reply
21 Oct 2021
I just saw this clause
21 Oct 2021
Customer reply
21 Oct 2021
If they are not ready by Nov 1st and decide to push back the date it will cost me an additioanl 850 rent from my current office.
21 Oct 2021
Customer reply
21 Oct 2021
Does this allow them opportunity to fix the buildout?
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

YOI NEVER SHOULD HAVE SIGNED THAT, , as that term is entirely unreasonable, but you did and are bound by its terms.

Perhaps you can negotiate that the lease term begins on the first of the next month,

21 Oct 2021
Customer reply
21 Oct 2021
okay, so if the square footage is just wrong might still have leg to stand on or if I push them to fix the floorplan I am bound by their timeline if they say they want to correct sound like
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

Yes, that "extension clause" will give them the ability to make the legal argument that they can extend the commencement date to correct the floor plan.

21 Oct 2021
Customer reply
21 Oct 2021
Okay, thanks. That helps. I'll verfify the sqaure footage is "as stated" and if not they cant change that. But if so next time I need to read the dang document better before signing :)
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce
Attorney At Law

First lesson in business: Sign nothing unless yOu read and understand EVERY WORD.

21 Oct 2021
Customer reply
21 Oct 2021
Yep , for sure.
21 Oct 2021
Lawyer's response
21 Oct 2021
Attorney Bruce
Attorney Bruce

Thank you for giving me the opportunity to assist you.

Based upon the information you provided I have given my best reasoned answer in accordance with applicable law and practice. If any part of my response is unclear, please let me know.

Please feel free to ask more questions and I will be happy to continue to assist you here in this chat.

Best wishes for a successful outcome.

Thank you for using JA! We appreciate the opportunity to help you. If you have future matters, please request "Attorney Bruce" by clicking here:

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21 Oct 2021
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