Legal Question in Business Law in Maryland

Lease

Lease is for rent of space in a commercial building. The lease is long term; twenty years plus four-5 year automatic extensions(options) unless lessee opts out. Lessor to receive a percentage of Gross sales. No specific consideration ($,etc) is given for the options.

Brief background: Lease was prepared by Lessee. Lessee, at that time, was engaging in a high risk venture., but potentially a high return. Lessor had a substantial mortgage and in dire need of rent money.

Final statements within the lease read as follows.....''Each party agrees to execute upon request a short form of lease for purpose of recordation.'' and ''Each party agrees to re-execute this lease at any time upon the request of the other.'' As to the latter statement, there are no conditions, limiting or otherwise attached thereto.

Would a request by the Lessor to re-execute include the right to change terms and other conditions within the lease, for example.....change the number of options/extensions, percentage of gross sales as rent, etc., in short, to re-make the lease.

Additionally, does the ambiguity of re-execute create an opportunity to challenge the terms of the lease such as the long term of the lease and options


Asked on 2/17/07, 4:31 pm

2 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Lease

Most likely no.

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Answered on 2/17/07, 7:15 pm
Johm Smith tom's

Re: Lease

I am not admitted in MD but I agree with Mr. Stewart. That provision does not appear to allow for changing of the terms of the lease.

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Answered on 2/17/07, 8:51 pm


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