Can you lease a building for business purposes and allow someone to be financially responsible?

UPDATED: Oct 1, 2022

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Can you lease a building for business purposes and allow someone to be financially responsible?

A person is trying to have somebody to put a lease in their name, due to their background records not allowing them too. The lease is to run a pharmacy business. It was stated, an agreement would prevent the person, that signed the lease, would not be financially responsible. In fact, the other person would. Is that possible? If I’m not mistaken, agreement/contract or not, the person whom name is on the lease will always be accountable.

Asked on March 25, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A lease is itself a contract: it binds all parties to it. The tenant(s) who sign the lease are accountable--that is, legally responsible to the landlord for the rent. It is possible that someone else may in turn be responsible to that person, such as if some person agreed to pay the rent for them, but that is between those two people, pursuant to the agreement between them--the tenant remains liable to the landlord, and no agreement that is not with the landlord can remove that liability. So the tenant will owe the landlord; it is possible another person will in turn owe the tenant.

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