What to do if my name is on a lease for my husband’s business and he did not pay rent but no one notified me until the past due rent was a staggering mount?

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What to do if my name is on a lease for my husband’s business and he did not pay rent but no one notified me until the past due rent was a staggering mount?

I along with my husband signed a lease for his business; apparently he was not paying the rent and is $113,000 behind (rent is $9,000 per month). I received the very 1st corespondance today notifying me that I owed the amount due. I have no involvement in his business and had no idea that he was not paying. Does the landlord have any obligation that they should have notified me sooner?

Asked on June 22, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country the law presumes that if a person has signed a written document he or she has read and understood its terms in the absence of fraud. From what you have written, if you signed the lease that you just received notice on that a huge amount in back rent is owed, you should first have a face to face meeting with your husband about the situation. Afterwards, you and he should consult with a real estate attorney about this situation as to what needs to be done to rectify it.

The landlord had no obligation to have contacted you sooner about the problem in payment unless the lease requires it.


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