Legal Question in Real Estate Law in Illinois
We sublet commercial, ''Landlord'' not paying rent to building, Sublet void?
We sublet office space. Prime lease and sub lease terminate 8-1-02. While negotiating with the buliding for different space (us as primary), I discovered that our ''landlord'' has not paid rent in 3 months. Our sublease agreement does not address this issue except in an oblique manner ''...this Agreement, which is subject and subordinate to the Prime Lease,...''. The building wants us as tenants, and as soon as possible. They are currently weigh their options of reourse against our ''Landlord''. Does the ''Landlord's'' viloation of the Prime lease terms in this manner relieve us of our obligation to continue to pay rent to the ''Landlord'' under the Sublease? The Lessor would be pleased to supply us with different space as soon as possible. They are willing to coordinate efforts with us to move us as rapidly as possible. If the Lessor ''evicts'' our ''Landlord'', can we move immedietly and cease rent payments, regardless of potential legal manuevering by the ''landlord''?
1 Answer from Attorneys
Re: We sublet commercial, ''Landlord'' not paying rent to building, Sublet void?
You ask very good questions. Usually, a commercial sublet will contain a provision that a default under the prime lease constitutes a default under the sublease, thereby freeing you from your sublease obligations (although you can't stay in the space for free). The specific answer to your question lies in the terms of your sublease agreement.
In any event, a suggestion: Why ask that the landlord give you an indemnity in the event that the subleasor sues you? The landlord obviously wants you into the space directly and, given that a breach of the prime lease may constitute a breach of the sublease, perhaps the landlord would be willing to bear the risk.
-- Kenneth J. Ashman; [email protected]
not ask the landlord to look at your subleaseget the
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