A partner of the company entered into a lease with a tennant. The company name does not appear on the lease, but the word 'landlord' is used. The partner has sinced died. Is the commercial lease still valid/enforcable?

Any help is appreciated.

excon

Hello Scouse:

In my view, whether the company name is on the lease, or not, isn't the issue. The question is whether the partner had to authority to enter into the contract. If he did, then the lease is valid. If he didn't, then it isn't. Whether he died or not isn't an issue either.

Certainly, the lease is made out between the tenant and somebody. Whose name is it? Hopefully it say’s more than “landlord”. If it only say’s landlord, then the lease isn’t valid. Do you have an address where the rent is to be sent? What address is that? His home or the company address?

excon

Scouse5

excon

Cheers for reply

Monies are paid directly into company's bank account. Always have been - before and after the death of the partner.

excon

Hello again, Scouse:

That's a pretty good indication that the company went along with it. If it was good enought for them when he was alive, it's good enough for them when he's dead.

Of course, the devil is in the details. Commercial leases are way different than landlord/tenant law. Read the lease well. If they're trying to put you out based on the issues you raised, you need to see an attorney.

excon