Legal Question in Real Estate Law in New York

Is the landlord legally correct.

My husband has a lease on a piece of property that he is using as a parking lot because of my husbands drug and alcohol addiction the business was placed in jeopardy of being lost. I agreed to pay his monthly cost to rent the premises and entered into a written agreement with him that stated that he was relinquishing all of his rights to the business to me until he had sucessfully completed a drug and alcohol program. My husband did not comply with the agreement instead he went to the landlord made false claims that I was trying to steal his business in turn I was told by the landlord that the agreement was not valid he did went on to say he has a lease with my husband not me and if my husband is not on the premises he would close the business up of which my husband refuses to come on the premises if he can not take the proceeds and squander it on drugs and alcohol My husband has a three year lease he still has two years on the lease the rent is paid every month I have managed the business since 1998. Is the landlod legally correct.


Asked on 5/03/00, 2:02 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Is the landlord legally correct.

Multiple answers:

1. The lease with your husband controls. What does it say about assignment of the tenant's rights? Most leases do not permit an assignment without the landlord's consent, and if your husband's lease says this, you are at the mercy of the landlord.

2. Who is the tenant? Your husband, individually, or some entity (corporation, partnership, etc.)? If an entity, are you part of it-e.g., a stockholder, partner, etc.? If so, you may be able to continue as a member of the entity.

3. Have you personally paid the rent to the landlord and has the landlord accepted your payment? You may be able to claim that by its acceptance of your rent checks the landlord has accepted you as the replacement for your husband.

4. What does the lease say happens on the death or incapacity of your husband? Does the lease terminate or can it be continued by his representative? Since your husband requires rehab, you may be able to claim he is incapacitated and, if the lease doesn't terminate, you may have rights to continue it.

I suggest contacting a local real estate attorney (I can recommend one if you need one). You may be able to start a suit to protect the lease due to your husband's incapacity, on both equitable grounds and well as economic hardship.

Walter

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Answered on 6/21/00, 9:48 am


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