How can we terminate the lease or transfer it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can we terminate the lease or transfer it?
My friend opened a discount store in a mall this month. We were approved to sell cell phone accessories, computer accessories, and many other items. These items are spelled out in our contract. Last week we received a letter from the mall manager stating, “Due to restrictions within another tenant’s lease which was overlooked by the mall property, we will be amending your use clause to not include cellular and computer accessories. Additionaly, all cellular and computer accessories must be removed from your selling area no later than Monday”. If we transfer it to somebody else, am I responsible for lease if they don’t pay rent?
Asked on September 29, 2011 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The mall or landlord (or whomever you're leasing from) cannot unilaterally change a lease after the fact; if there is a lease stating that you may sell certain items in your store, you may sell them--it doesn't matter to you that there may be a clause in a different person's lease restricting competition. If the mall erred by executing your lease without restrictions, thereby violating the other person's lease, they may be liable to the other person for breach of contract--but that does not affect your rights.
If the mall is trying to change the terms on you after the fact, you may be entitled to monetary damages; you may be entitled to a court order directing the mall to enforce your lease as written (let you sell everything they had originally agreed to let you sell); and/or to terminate the lease without penalty. You should consult with an attorney, who can evaluate the specific facts of your case in detail, and help you vindicate your rights in the best way.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.