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
2 Answers from Attorneys
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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