Legal Question in Real Estate Law in Massachusetts
Am I liable?
I signed a three year lease in Mayof 2008. I sold the business in August of 2008. The new owner was paying the rent. With the landlord's approval, the new tenant started using a common area that nobody else used. In December, the landlord stated he wanted the new tenant to pay for heat. The new tenant said he would, but then changed his mind 7 days later. The landlord got upset and sent out an eviction letter stating that the terms of the lease were broken. He stated the new tenant was not paying for utilities that he had used. First of all there was no mention of paying for heat in the original lease, second of all, there was no heat turned on, so how could the new tenant have not paid for something that was never used. When the landlord sent out the 30 days to vacate letter, the new tenant vacated. Now the landlord wants me to pay for the balance of the lease along with the cost for improvements. The landlord approved the new tenant and also cashed his checks for four months. How can he now come after me six months later, especially since he sent out the 30 day vacate letter, and the new tenant did as he was told?
2 Answers from Attorneys
Re: Am I liable?
Retain an attorney to review the lease with you as it appears your assignment of your rights under the lease did not excuse your liability under it. Good Luck!
Re: Am I liable?
Depending upon the amount at issue in your case, you may want to speak with an attorney.
Were you personally liable on the lease? When you transferred your interest in the company to your successor, what terms were included? Was he to assume all of the company's debts and liabilities?
You probably have either one of two things: (i) a defense that you are not a party to the lease, because your interest in the corporate entity was transferred to another party, or (ii) the right to seek indemnification or compensation from your successor for any monies owed.
Good luck!
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