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Lease dispute

Discussion in 'Commercial Landlord & Tenant Issues' started by Justchristine, Aug 8, 2012.

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  1. Justchristine

    Justchristine Law Topic Starter New Member

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    My question is as follows: when you have a lease for a business, did not fill the monetary obligation as stated on lease, ( because the business was mot doing well)original leasing office is no longer in business, but current landlords are holding that amount payable, but has been on month to month for more than 10 months.
    Question: do they have legal rights to sue for the unpaid money from an expired lease from a company that is no longer or can they collect for that debt ?
     
  2. mightymoose

    mightymoose Moderator

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    If you do not renew the lease when it expires it continues month to month with the same terms.
    The new owner/landlord can enforce the terms of that original lease.
     
  3. guestposter

    guestposter New Member

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    Next part of question: if you vacate premises and someone else renews lease, will they still be able to collect for that debt?
     
  4. Justchristine

    Justchristine Law Topic Starter New Member

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    The new lease office can sue for all monies due or just since they have been landlords? The lease had about two years left from previous landlords, so they just had her sign a continue to pay form? Does that mean if she leaves building, she will be held liable for all that money? Can they go after her personally?
     
  5. mightymoose

    mightymoose Moderator

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    A new lease is not necessary if the landlord changes. The tenant is bound by the terms of the original lease.
    If the new landlord is also owner, then yes they can seek past due rent because they assume the debts of the original owner.
    Yes, if you break the lease they can continue to demand payment from whoever signed the lease.
    No, you are not automatically on the hook for two years rent, however you would be responsible for rent until a new tenent is found and begins paying, plus any costs associated with advertising to get a new tenant.
    You would not have to pay any of this unless the landlord chooses to sue you and wins a judgment, which would probably be easy to do. If you are unable to pay and need to leave it would be best to come to an agreement with the landlord in writing that releases you from the lease.
     

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