Legal Question in Civil Litigation in Massachusetts

Broken lease & Motions to file

My name was on a lease, and not removed after I left the company. The company broke the lease and moved out of the space. The landlord had a new tenant within 2 months. We (3 names on lease) are being sued for only completing 1 year of a 5 year lease. They can't collect rent from us if they had another tenant renting, right?

Also, I made a mistake and trusted my former partners to handle things. Now they can not be located. I didn't get a lawyer and my deadline to respond to complaint filed and file all motions under MRCP 12, 15, 19 & 20 is tomorrow. I don't even understand if I need to worry if this does not get done. Is it a problem to not respond or file any motions?

Yes, I will be hiring a lawyer ASAP. Thanks for your assistance in the meantime.


Asked on 9/15/05, 6:14 pm

2 Answers from Attorneys
Jerril J. Krowen Law Offices of Jerril J. Krowen

Re: Broken lease & Motions to file

Kindly contact my Office at 781-231-5200 relative to this Matter.

Thank you,

Jerril J. Krowen, Esq.

http://www.krowenlaw.com

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Answered on 9/16/05, 7:32 am
Maria Murber Law Offices of Maria Murber, PC

Re: Broken lease & Motions to file

By not answering their complaint you have defaulted and they can now move forward to judgment based on that.... In addition, they do have the responsibility to lesson the damages by getting another tenant of which they did after two months. I don't know why they're going after a year unless, they took a loss with this tenant opposed to what you and your partners were paying. But if not and from what you told me, they should only be entitled to 2 months, possibly court fees and legal fees. In addition, was there any damages to the property?

In any event, you didn't answer the complaint they can now move forward for judgment on their request b/c you defaulted. Your only option now, is to file a motion immediately, with good reason, why you did not respond procedurally requesting more time to answer. If they get a judgment, you have the right to go after your partners for indemnification of their share. Good luck! Sincerely, Maria Murber

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Answered on 9/16/05, 7:43 am


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