Legal Question in Business Law in Illinois
Rental contract
My husband and I own a sandwich shop. When we entered into the rental contract we did so with the person who built the strip mall. About two months after the mall was full, the lessee sold the mall to another company. We signed the original contract which states we have a five year lease. We were only notified that the sale of the mall was done, we never received a new contract with the new owners. We have no written agreement with this new owner. I have reviewed the original, and it says nothing about the lessors {us} having any legal binding agreement with the new owners. Question, should we have a new contract with the new owners? If we no longer wish to lease for the five years are we stuck with the contract since we never signed anything with the new owners?
2 Answers from Attorneys
Re: Rental contract
there does not need to be any new contract with the new owners. when someone buys a business and/or real estate, they do so subject to existing contracts, obligations and credits of the previous owner of the land or business. thus, the new owners have every right to enforce your lease and any clauses in the lease (such as the obligation to pay rent). likewise, you have every right to enforce your lease against the new owners and any clauses the lease has. for example, the right to maintain a clean walkway in front of your store might be a clause in the contract. failure of the new owner to provide this is a breach of the contract. further, the previous owner of the mall (the party you signed the contract with) is also liable for all the terms of the contract should the new owner breach. this is true unless there has been a novation. do NOT sign a novation!! hope this helped. justin lampel (847)845-4345
Re: Rental contract
Your old lease remains in full force and effect. The only difference is that the new owner is now your landlord, and has the right to enforce your obligations under the lease. Your prior landlord has almost certainly assigned its rights in the lease the new owner. Both you and the new landlord can enforce the lease. Thus you do not need, and probably cannot even insist upon, a new lease. Nor is the sale a valid reason to leave the premises. You are stuck with the new owners, unless your lease says otherwise, which is unlikely.
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