3 Things Tenants Say That Destroy Their Own Lease Exit Case
By Jesse D. Eisenberg, Esq., JDE Law Firm, PLLC
When commercial tenants try to exit a lease, their own words often become the landlord’s strongest evidence. Certain statements—usually made casually—can dismantle their defenses and strengthen the landlord’s leverage instantly.
Statement #1: “Business Has Been Slow for Months.”
This sounds harmless, but it’s devastating. It suggests that:
- The tenant’s financial distress is unrelated to any landlord action
- The tenant may have been in default long before notifying the landlord
- The tenant is not operating continuously as required
Statement #2: “We Might Need to Leave Soon.”
This may support claims of anticipatory breach or attempted surrender. Landlords can use this to:
- Reject the surrender formally
- Preserve the right to future rent
- Accelerate damages if appropriate
Statement #3: “We’re Trying Our Best, But We Just Can’t Keep Up.”
This is an admission of default. Courts take tenant admissions seriously.
How Landlords Should Respond
- Document all statements immediately.
- Send a reservation-of-rights letter.
- Review the lease for default and cure procedures.
- Control the communication channel—keep everything professional and written.
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Final Thoughts
Tenants often sabotage their own case before the landlord ever sends a notice. Understanding these critical statements allows landlords to preserve leverage and avoid being manipulated by claims of hardship.
CTA: If your tenant has made any statements like these, get ahead of the issue by scheduling a Strategic Lease Exit Consultation.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
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