Rosenberger + Kawabata represents commercial landlords, business tenants, and guarantors in California lease disputes. We handle claims over unpaid rent and early termination, including disputes about what a landlord disclosed before the lease was signed.
For a business tenant, moving out may leave years of claimed rent and a personal guaranty unresolved. For a landlord, recovering possession may leave a separate damages claim. We review the lease and the parties’ conduct to determine what obligations remain and what relief the evidence supports.
Commercial leasing is part of our business litigation practice. We address related breach of contract claims. A business closing or relocating a workplace may also need employment defense for related employee claims.
Lease exits, rent claims, and personal guarantees
The lease may require notice and an opportunity to cure before either side can invoke a remedy. We examine those provisions alongside the rent ledger, amendments, and communications about use of the premises. A negotiated surrender needs to address remaining rent and any guaranty expressly. We evaluate those terms before recommending settlement or preparing the dispute for trial.
Does moving out end a commercial tenant’s rent obligation?
No. Leaving commercial premises doesn’t by itself release a tenant from liability for unpaid rent or other lease obligations. In California, Civil Code section 1951.2 governs certain damages after a tenant breaches and abandons the property or the landlord terminates possession because of a breach. The recoverable amount depends on the statute’s requirements, the lease, and proof of loss. It can include rent already due and qualifying future rent damages, with reductions for rental losses that the tenant proves could reasonably have been avoided. A landlord’s reletting efforts and the terms of a replacement tenancy may therefore matter. A personal guaranty requires separate review. We examine the termination documents and payment history to assess the amount each party can support. A written surrender or settlement should state which obligations are released, who receives that release, and what remains payable after possession changes.
Can a commercial tenant challenge a personal guaranty?
Yes, but the available arguments depend on the guaranty and the facts. Its scope, any amendments, and the conduct of the parties require review. A settlement with the tenant doesn’t necessarily resolve the guarantor’s exposure. We address both obligations when negotiating a lease exit or defending a payment demand.
Discuss your dispute
For a California commercial lease dispute, call (310) 894-6921 or contact us. We represent clients in Los Angeles and throughout the state.