Legal Question in Business Law in Arizona

I bought over a small business with a 10yr lease term, we have 4 years left but I want to cancel the lease and they said if I do they will sue me. Can they do that?


Asked on 6/27/24, 5:41 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

The first question is who is liable for the lease? Usually when you take over a business that has a lease you get a landlord consent for the new buyer to assume the lease under their guarantee. Or the seller will just have you agree to be liable for it so if the landlord came after them in the event of default they could go after the buyer.

Assuming you are liable for the lease, then you need to see if the least addresses early termination. Sometimes there might be a buyout provision in the lease that allows you to get out by paying so many months in advance or perhaps you can just find another business to take over the lease.

But in short, of course they can sue you if you are liable for the lease and default on it,

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Answered on 6/28/24, 6:30 am


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