Legal Question in Business Law in Maryland

The lease is in someone else's name!

The lease of my new business place is under someone else�s name. I acquired it through paying him some cash. Then he came back and claimed the property. It has been

since March 2008 and I have spent much more money, done improvements and have set up a new business already. Whatever I have done in the premises has been with absolute landlord�s full approval. I even have his signature on one of the documents on one occasion.

The other guy paid the May rent and reclaimed the lease. I refused to let him in because everything belongs to me and it is my business.

Now the landlord is refusing to accept the rent from me fearing the other guy may sue him later and has filed for repossession (even though the other guy has not paid the June rent). I purposed to pay him the rent if he leases the property to me but he refused. He likes me as his tenants but has fear. He is afraid of being accused of taking the property away from the other guy and replacing me.

How would I protect my business from being evicted? I am willing to sign a new lease with the landlord or pay the rent to a third party until problem resolved. Is it possible?

Thanks,


Asked on 7/05/08, 5:41 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: The lease is in someone else's name!

Your payment of cash for the lease is the primary legal issue. I need to know what this payment represented. This agreement should be in writing. Also I would like to know if there were witnesses to the payment.

The landlord stands upon reasonable grounds since you do not have a lease with him/her. There are potential methods to address this but I'd need to know more.

Contact me to discuss.

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Answered on 7/06/08, 8:15 pm


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