Legal Question in Business Law in Florida
selling of a lease
I am leasing a retail store now. I am going to sell my lease to a person who is going to sign a new lease with the landlord. what form or contract do I use with the person who is going to buy my lease with a down payment and 3 installment payments. thank you
3 Answers from Attorneys
Re: selling of a lease
You do not sell a lease. You can assigne a lease, with consent of landlord. You can sell a business.
Re: selling of a lease
Mr. Slater is correct, and you should have an attorney handle this unless you don't think what's at stake is important enough ensure that it is done correctly.
Re: selling of a lease
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Generally, although you are selling your interest in a lease, it is handled through the use of an Assignment of Lease. If it is a true sale with a new lease, then what you are really selling is the leasehold interest.
You should engage an attorney who can draft the necessary agreements between the parties. You need to have your payments securitized by the right to take back the lease in the event of a default.
Scott R. Jay, Esq.
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