Legal Question in Real Estate Law in Illinois
Owner selling, can i break lease and move prior to sale
I am currently leasing a building where i operate my business. I have leased it for almost 4 years. The owner passed away and the grandchildren inherited the property. My lease expires 11/2001. the building is currently on the market. I have asked to re-new my lease to protect from new owners, but they failed to respond. I run an auto repair shop with much heavy equipment. I need at least 3 months to relocate. If they don't respond soon, i will start looking for a new location, but if i find a property, can i break my lease if they refuse to renew soon? are there any other options i may have?
2 Answers from Attorneys
Re: Owner selling, can i break lease and move prior to sale
Any sale will be subject to your lease.
Re: Owner selling, can i break lease and move prior to sale
As you may already know, the property can be transferred either by inheritance or sale while your lease is in effect. The new owner(s) will be contractually bound by the same lease terms as the deceased owner was during his lifetime. In regards to your "breaking" the lease, the very term suggests that you would be committing a breach of the lease. Why would you want to do that? Please read the provisions of your lease very carefully regarding the obligations of the lessor, any renewal provisions, and the notice of termination provisions. Consult with an experienced local real estate attorney if you have any questions after reading the lease. Most attorneys will insist upon actually reading the lease before rendering any legal advise, so be prepared to provide your attorney with a complete copy. As a practical matter, the new owners may not object to your moving and you may be able to work out a mutual agreement to terminate the lease early and to allow you sufficient time to make arrangements to relocate. If you are not already represented by legal counsel you may feel free to call me for a free telephone consultation at 314-727-2822. Thank you.