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I need Legal help!

GuvamintCheeseGuvamintCheese Member Posts: 38,932
edited August 2005 in General Discussion
I have a business that subleases a building form another tennant on the same piece of property. My problem is I have 4 years left in my lease and the entire property was sold. The property owner that sold it knew I was subleasing off His other tennant. Do I have any rights? I will be visiting an atty tomorrow to give him my $ but sure wish I knew more now.

Comments

  • MIKE WISKEYMIKE WISKEY Member Posts: 9,239 ✭✭✭
    edited November -1
    I'M CERTAILY NO EXPERT ON LEASES BUT YOUR RIGHTS WOULD DEOPEND ON THE ORIGINAL LEASE (IS THE LEASEE PERMITED TO SUB-LEASE), AND WHAT ARE THE LEASEE'S RIGHTS IF THE PROPERTY IS SOLD. IF POSSIBLE GET A COPY OF THE ORIGINAL LEASE TO TAKE TO YOUR ATT.
  • select-fireselect-fire Member Posts: 62,586 ✭✭✭
    edited November -1
    You will probably want to go after the tenant that you subleased off of. Good chance his agreement with the Landlord has NO provision to sublease a property. Even though the Landlord knew of your business they didn't collect your rents the tenant they rented to did ? IF so you don't have many legs to stand on. The tenant probably has a severability clause in the agreement with the Landlord in case something in the agreement is not legal.
  • GuvamintCheeseGuvamintCheese Member Posts: 38,932
    edited November -1
    quote:Originally posted by select-fire
    You will probably want to go after the tenant that you subleased off of. Good chance his agreement with the Landlord has NO provision to sublease a property. Even though the Landlord knew of your business they didn't collect your rents the tenant they rented to did ? IF so you don't have many legs to stand on. The tenant probably has a severability clause in the agreement with the Landlord in case something in the agreement is not legal.

    Select-fire.....The original tenants lease expired 10 years ago and they continued to pay monthly without lease..In their original lease they have 1st option to buy..would that option still be valid.? The tennant we lease off of did notify the landlord in writing that they would sublease to me. What if any recourse do I have?
  • stevegsteveg Member Posts: 845 ✭✭✭✭
    edited November -1
    none the other guy probly had no right to sub lease to you
  • MFIMFI Member Posts: 8,717 ✭✭
    edited November -1
  • plains scoutplains scout Member Posts: 4,563
    edited November -1
    Talk to your attorney. Many states have laws that when the original lease expires the law says what happens when you are a "hold over tenant." The original written lease between the tenant and the owner may have some teeth in it. If you have a copy of that original lease bring it with you.

    Good Luck





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  • select-fireselect-fire Member Posts: 62,586 ✭✭✭
    edited November -1
    Did the original lease agreement from the tenant have a sublease clause? Answer.. I highly doubt it. So when the Landlord was notified of the sublease (you) the original lease had been breached. Landlord at that time could have filed an eviction. They had that option and continued to have that option up until now. So , when you or the tenant complain in court about something go amuck beware... the court term is "clean hands ". Neither one of you can complain because the agreement was breached. This is probably why the Landlord went month to month on the rents. The option to purchase is null and void. One question.. Did the tenant have knowledge of the sale of the property prior to the seller selling it? If so , why didn't they purchase it?
  • bpostbpost Member Posts: 30,898 ✭✭✭✭
    edited November -1
    It is always best to toss this type of issue to your lawyer. See if the new owner will continue to lease the space to you. Taking cash out of his pocket is not good business. The new owner may raise your rent or kick you out if he needs the space.
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