我租了个商铺,租期到2025年12月31日,但现在想提前解约。租约从2023年1月1日开始,月租550美元,我每个月都按时付了。签合同时我还交了550美元的押金。
这个地方漏雨漏得很厉害。我是个私人教练,就租了个大厦里的小办公室。
问题一:租约上写着办公室面积是312平方英尺,但实际只有215平方英尺。
问题二:从去年7月3号开始,我办公室上面的屋顶就开始漏水,天花板都泡坏了。我拍了照片,也跟物业说了。后来一直漏,天花板越来越烂。每次漏水我都拍照发给他们。9月23号那天,下了一场大雨,我来上班的时候,发现天花板塌了,地上全是水。还好设备没坏。9月25号我交十月份房租的时候,跟经理口头说了我要退租。他们一直没修屋顶,我不想每次下雨天都提心吊胆的。
租约上说要提前60天通知,但我现在就想走。我打算10月31号交还钥匙,不想再付房租了,还想要回我的押金。我想知道该怎么办?我知道总共才1100美元,但对我这种小本生意来说,也是一笔钱。
我的租约里有这么两条:
* 第六条(维修保养):房东在收到租户的书面维修通知后,应在合理的时间内,尽合理努力修复租赁房屋屋顶的任何损坏或劣化。我都反映了15个月了,他们还没修好,我觉得这根本不“合理”。他们没能及时修好屋顶,阻止漏水,已经违反了租约条款。
* 第三十八条(终止通知):租户需要提前60天通知房东终止租约。这里没说一定要“书面通知”,我口头通知了,今天也发了邮件,确认了我和经理的谈话内容。
我愿意花点钱请律师帮我写封信,说明我基于这些理由要解约。但这样做可行吗?有没有什么信件模板可以让我自己来?我不想打官司,也不想跟房东的律师纠缠。我就想搬走,找个能好好维护的地方,安安心心做生意。
First and foremost some important context is that nationwide, in the US, commercial leases are wildly different than residential leases. The protections that residential tenants may enjoy generally do not exist for commercial tenants. There has recently been some minor movement in some localities (w/in California) to shift this somewhat. The court system, and rightfully so, in general views both parties in a commercial lease as being sophisticated/fully cognizant of what they are signing and agreeing to (the business deal). Because of this, in commercial landlord tenant disputes, the lease document itself is what rules 99% of the time. The exact language is very important; ergo, in general, when seeking advice on commercial landlord tenant disputes, you will need to take your lease and any amendments or modifying documents to a local commercial landlord tenant attorney so that they can read the whole thing and exact language themselves. Without reading the full lease, it is nigh impossible for anybody to give reliable advice online.
Based only on what you have provided, in general, you have some challenges. When they did not repair the roof in a reasonable time frame, you should have put them in default. What documentation do you have around notifying them. Communication should be in writing so that you have proof/documentation that it was made. If you have documentation/a recording of the verbal notice, then you may have an argument, but otherwise the 60 days notice to terminate the lease is almost certainly going to stand.
It is industry standard for leases in office buildings to include a load factor to account for "common area" portions such as elevators, stairways, atriums, etc. If your lease does not include any language indicating this, then you may have a weak argument. The time to bring this up though would've been near the start. It is substantially harder to argue given that you have been in there for over a year.
Most importantly, you need to verify that you have converted to month to month and don't have remaining term that would trump that termination clause.
Ideally you would take your lease to a local commercial landlord tenant attorney and they would help you understand your position/standing and be able to write a letter for you accurate to your specific situation.