Legal Question in Landlord & Tenant Law in Washington

Failure to pay commercial lease payment

I am owing for July rents on my building lease contract due to the economy. I operate an retail business. The business has failed due to the economy. I will not be able to pay the August payment either. I intend to vacate by notice at the end of August. The lease expires in July 2009. Are the landlords able to make me vacate the building sooner than the end of the month of August? I have alot of merchandise and fixtures to remove from the building. Thank you


Asked on 7/23/08, 1:34 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Failure to pay commercial lease payment

As both a practical matter and a legal matter, I do not think the landlord will be able to evict you sooner than the end of August, given today's date. In fact, if you leave, I think you'll be doing the landlord a big favor since the landlord can avoid having to pay a lawyer to handle the eviction or having to take time to do it on their own.

Keep in mind though, that if you personally guaranteed the lease, although the landlord is obligated to try and re-lease the space as soon as possible and as close to your lease rate as possible, you are nevertheless responsible for the remaining year on the lease, and the difference between what you owed on a monthly basis and what a replacement tenant pays, if the replacement pays less than you.

You may be able to help yourself by trying to find a replacement tenant to take over the space and thereby avoid any financial liability. Also keep in mind that if the replacement tenant takes over your lease, you are liable for any damage they inflict beyond what the security deposit covers.

I am sorry to hear about your business, and I hope this at least gives you some useful information. Best of luck to you.

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Answered on 7/23/08, 2:36 am


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