Legal Question in Real Estate Law in Georgia

Wrongful Subletting?

I purchased assets and sublet a property in Georgia. this was a triple net lease. I did not purchase his business just the equipment and good will. I had to close the business after the person who I purchased the assets from and paid my rent to would not work with me to easing my rent after major upgrades and now he is suing me for early termination of the lease.

It turns out that he was NOT given permission from the property owner to sublet the place and he forged their signature on documents I needed for my liquor license. Do I have any legal recourse against him to try to collect any profits he made off of me during my three years in business? I found out that he was not able to sublet when the new tenants moved in and tried to contact the land owner over a change to the property. the Owner of the property was shocked to hear that he was subletting the property and gave this new business a chance to buy the property from her and canceled the lease with the man i rented from.

any help or advice would be greatly appreciated Thank you.


Asked on 9/21/07, 9:50 pm

1 Answer from Attorneys
Roger Krause Krause & Witcher

Re: Wrongful Subletting?

This is a complex matter. In the event that he made material misrepresentations that caused the default, then you may have a claim for fraud. In the event that the misrepresentations were immaterial to the failure of the business, than your options are more limited, but not necessarily foreclosed. You should consult with an attorney with experience in these matters, especially if there is significant money at issue. Feel free to contact me or e-mail me. Best regards. Roger

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Answered on 9/21/07, 9:56 pm


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