Legal Question in Real Estate Law in Maine

Broken Lease

My ex-tenant had a commercial lease with 19 months remaining and walked out and set up shop a mile down the road,he has not paid me since he left. What am I entitled to, if anything.Lease is in an llc.


Asked on 5/01/07, 4:35 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Broken Lease

You may be entitled to damages associated with the lease (i.e., unpaid rent and CAM charges). Under Maine law, as a landlord you are required to mitigate your damages, which means that you must make reasonable efforts to re-rent the premises. Assuming that you are able to do that, you would still have a claim for lease payments, CAM charges and advertising that accrued in the meantime.

Another issue here might be whether the LLC is still active/has assets. Was a personal guaranty executed?

Please feel free to contact me to further discuss. My name is Mike Vaillancourt, and I am an attorney responding on Jerome Gamache's behalf.

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Answered on 5/16/07, 11:30 am


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