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Wrong business name on lease

Discussion in 'Commercial Landlord & Tenant Issues' started by drflexx, Nov 6, 2009.

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  1. drflexx

    drflexx Law Topic Starter New Member

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    My father and I practice as Chiropractors and we have separate businesses. The lease my father has is a two year lease that is in the name of my business, and my name or signature is not on the lease. My father's legal business name is not on the lease, but he did sign it. Can this be considered an invalid lease? The lease is the first two year lease as the others have always been one year leases. The lease in question was made up by the new owner of the building. I have heard of implied contracts and wondered if there can also be a question of validity of the two year term as my father has always had a one year lease?
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Are you asking because you wish to get out of this lease?

    Gail
     
  3. drflexx

    drflexx Law Topic Starter New Member

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    Thank you for your reply, and sorry for just checking back. Yes, we have asked to be let out, because we need to expand and have a great opportunity to do so right now, but the landlord does not want to let us out of the lease. We are looking for a way out without breaking the lease.
     
    Last edited: Nov 19, 2009
  4. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Commercial leases are often longer than 1 year; sometimes up to five years or greater. This is quite legal.

    The fact that your father signed the lease but that the lease also lists the name of your business means that the both of you may be served with a lawsuit should you decide to go ahead and break the lease.

    Gail
     
  5. drflexx

    drflexx Law Topic Starter New Member

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    Actually what I was trying to find out was if the lease is considered legal if the name the lease lists as the Lessee is my business name, but my name and signature are not on the lease, my father signed the lease, but his name or business name is not on the lease at all. I share the office with him, but the clinic is essentially his, and we have no connection business-wise, my business is incorporated he does business as a sole proprietor. I also have my own separate office in another town where my corporation lists its headquarters. The lease in question should have been made out in my father's name or his legal business name as he is the owner of the clinic that leases the office space from the landlord.
    So to summarize, must a lease list the name of the person signing or that person's legal business name to be considered a legal lease?
     
  6. guestposter

    guestposter New Member

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    On the lease company name and the person signed lease name is not on company name. Is this case consider felony and lease is voidable ?
     

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