If our former landlord is threatening legal action, what can he do and what rights do we have if we never signed a lease?

UPDATED: May 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 10, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our former landlord is threatening legal action, what can he do and what rights do we have if we never signed a lease?

We closed our business and owe 4 months back rent.

Asked on May 10, 2012 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Even if you never signed a lease, you owe rent for the time you actually were in residence, at the agreed upon rate. Therefore, if you did not pay rent for four months, your former landlord can sue to recover it. If the business had been a corporation or LLC, and the business was the lessee (or tenant), not you, and you did not personally guaranty the rent, the landlord should only be able to sue the business. If the business is closed and has no assets, there is nothing he could recover, and you should not have personal exposure or liabilty.

On the other hand, if the business was a sole proprietorship or a partnership, and/or you either personally rented the space (were the tenant) or personally guaranteed the rent, then the landlord could sue you personally for the money.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption