Legal Question in Real Estate Law in Wisconsin
I signed a COMMERCIAL lease on 12-22-11. I paid my security deposit via check. MY BANK returned the check as refer to maker (they said it was outside of normal check writing habits and thought it was stolen...1895.00 check when I never write a check for more than 950 EVER in 15 years). Since that point I have decided that the lease is beyond what I think we should be spending. I signed the lease with a broker... the owner lives out of state, They were going to send him the lease for a signature and get it back to me. He has NEVER sent it back. I have NO signature on the lease as of today. Because of the check they have changed the locks... I told them it was fine and that I left my keys in the office and that I am not abel to afford that lease afterall. Now they want to sue me for the lease term. Can they do that when I was never given a copy signed. I signed the lease and NEVER got anything back from the landlord
2 Answers from Attorneys
There are several issues raised by this fact hypothetical. The short answer is "yes, you can be sued." However, that is virtually always true. What one really wants to know is "what is the likelihood that they would win?"
The check was not honored, but apparently was intended to be honored and funds were available at the time it was issued. This might provide a defense to a claim for issuance of a worthless check (which can carry both civil and criminal penalties).
It is not clear from these facts whether both parties ever did agree to the same terms or whether any such agreement was timely. Was there a requirement that the lease be executed or returned by a particular deadline? In short, there is not enough information to determine whether there was a validly executed lease. If there was, the issuance of a check which was not honored presumably would breach the terms of the lease.
The question then becomes one of remedies - what remedy does the landlord have under the lease and under the law. One would need to review the lease and the facts in order to know the possible outcomes. Then, one would factor in the uncertainty of litigation in determining a reasonable outcome.
Attorney James N. Graham of Accession Law LLC http://accessionlaw.com is providing a general answer which does not establish an attorney/client relationship and which is not legal advice. Contact attorney James N. Graham in order to discuss the terms of retainer and the information needed in order to obtain a legal opinion, recommendation, or advice. The first inquiry for an attorney is to know only the parties involved in order to check for conflicts of interest with current or former clients
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