Commercial Lease- Misrepresentation of Area

[tmehta]

Hello All,

I might have a legal issue on my hands so I figured what better place to post some questions than on this group!

About 2 years ago I signed a commercial lease (the office is located in Charlestown, MA) that stated the space is 1400sqft.

Here's the exact wording on the lease regarding the size:

"RENT for approximately 1,400 sq ft of space in Building 11, (Lessor and Lessee agree that the square footage is for identification purposes only and includes a common area factor. Lessor and Lessee agree that the monthly rent is based upon the actual room and not the square footage)"

I measured it earlier today for someone who is looking to sublet the space, as I am moving... I did it twice and got back 1000sqft!

What are my options?

Aside from feeling stupid for not measuring it when I first got the space, I am quite upset. This is a material difference, rather than a rounding error.

Anyways, any input would be most appreciated.

Best,
Tj

 

[Andy0192]

"RENT for approximately 1,400 sq ft of space in Building 11, (Lessor and Lessee agree that the square footage is for identification purposes only and includes a common area factor. Lessor and Lessee agree that the monthly rent is based upon the actual room and not the square footage)"

I underlined the parts that stood out to me. I don't see how you could read that & believe you were getting short-changed. You also apparently have use of some common areas (perhaps a hallway, bathroom, or other area shared with other leased office space users?).

 

[tmehta]

Hello Andy,

Thanks for writing back. Indeed, that is where part of the problem lies. While there is a bathroom, hallway, etc. I was told that the unit ITSELF is 1400sqft.

-TJ

 

[John_DFW]

What do you want the landlord to do in order to fix the problem?

Is there a vacant unit that is larger you could move into? If so, ask about doing so at the same rate and lease terms. Worst case is your told no.

 

[sandyclaus]

If the actual amount of space was important to you, then why did you not measure it before you signed the lease?

 

[Andy0192]

Hello Andy,

Thanks for writing back. Indeed, that is where part of the problem lies. While there is a bathroom, hallway, etc. I was told that the unit ITSELF is 1400sqft.

-TJ

However, the lease you signed is in direct conflict with your idea of what you thought you heard. That's the reason things like leases are reduced to writing and agreed upon by both sides... so that there is no "he said/she said" misunderstandings.

I'd suggest you advertise the premises as 1000 sq. foot PLUS - or offer a discount.

Good luck.