What to do if a landlord breaches a commercial lease?

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What to do if a landlord breaches a commercial lease?

We owned a business that we sold about a month ago. In our agreement with the purchaser there was only 2 months left on our lease and in the purchase agreement they were to notify us if they were staying and at that point negotiate a a new lease with the landlord (we were allowed to exit per our lease after those 2 months). The landlord showed up 1 day and told the new owner not to pay us rent and that he will negotiate a new lease with them. Because of this we couldn’t pay the landlord and he is now threatening eviction and keeping the deposit. Conspiracy? Sounds wrong?

Asked on March 8, 2011 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, yes it does but what you did not say here is what YOUR lease with the landlord required.  What you need to do is to take all the leases to your attorney and ask him or her how they work in conjunction with each other and the purchase agreement.  Your lease may have forbidden sublet or assignment.  Or did it require that the landlord agree to the sublet? What is on your side is that the law will not allow the landlord to interfere with your agreement if he has no right and allow him to be "unjustly enriched" by collecting rent from two parties at the same time for the same store.  Seek legal help here.  Good luck.  


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