AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
I am one year into a two year commercial lease. Recently, I discovered a mouse problem as one decided to chew a wall from the outside to inside the suite. To my horror, my suite neighbor told me that he has had the same issue for over a year.
I called the landlord and he set sticky traps which we find hair on in the mornings, apparently, the mice are getting stuck but are escaping. I have told the landlord this with no response. In addition, I have recently expressed that having these mice is not something that I am ok with as I have a suite full of 14 women and we are all horrified and waiting to see a mice run through any day now. Mice droppings is not a suitable environment to bring my employees into on a daily basis. We have taken measures of not leaving food out and shutting doors, but there is still daily evidence of a nightly visitor.
I have not been unhappy with any part of my lease until now and I am not being given prompt answers or help to my satisfaction. Is this a legal way for me to get out of my lease?
Thanks for your help, I look forward to your response.
Answer First let me say, without reading your lease, knowing which jurisdiction you are in, limits my ability to answer your question in full.
Infestation in a leasehold should be covered under your lease agreement. If not, typically who ever was the cause of the issue is ultimately responsible (of course this depends on the type of property leased and if another tenant is the source of the problem).
Since you are a commercial tenant, most leases put the burden on you, the tenant. I would call an exterminator, and if you are able under the terms of your lease, send the bill to the landlord if he/she/it fails to respond. Send them a letter first, of course. Carefully read your lease, then act accordingly.
