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juejue4bean
Sep 28, 2008, 11:58 PM
I signed a 2year commercial lease(restaurant)with a 2 year option. The question is, the day after I signed it the owner said he changed his mind and now wants to sell the building and does not want to honor the signing. I have invested around 18,000 in equipment. 7,500 that is connected to restaurant from prior tenant..? juejue4bean

LisaB4657
Sep 29, 2008, 05:47 AM
Did the landlord sign the lease? If the landlord signed then he can't change his mind now. He has to honor the lease and if he sold the building then the new landlord would have to honor it.

If the landlord didn't sign the lease then unfortunately he can change his mind and doesn't have to honor it.

Fr_Chuck
Sep 29, 2008, 06:12 AM
Lisa is 100 percent correct, if both parties signed the lease, then they are obligated to it.

There is another issue that you can try if they did not give you a signed copy, if you signed the copy, and they acted on it, ( allowed you to move in and so on before telling you they changed their mind) Some courts but not near all may accept this as a obligation that they accepted and acted on the lease.

And of course all of your purchases should have been done with deposits pending acceptance of the lease.

ScottGem
Sep 29, 2008, 06:15 AM
Did you pay them anything? Did they accept and deposit what you paid? If so, that might be considered tacit acceptnace of the lease even if they didn't sign it.

juejue4bean
Sep 29, 2008, 10:07 AM
Both parties signed the lease and had it noterized at their local bank, owner took lease had copy made and gave both to party leasing building. Lessee gave lessor check for deposits and rent. Next day lessor returned both leases and check for rent and said (I decided to sell the building hold on to lease's and check) I am hangin in thin air) the lessor does not even have a copy of lease I have both... Juejue4bean

LisaB4657
Sep 29, 2008, 10:10 AM
The landlord is out of luck. Send him a certified letter telling him that you intend to hold him to the signed lease. Include the checks and a his copy of the lease in the letter.

Or you can give him a choice. You can tell him that he can either proceed with the lease or you will let him out of the deal in return for him reimbursing you for all of the money you've laid out so far.

Whatever you do, make sure you send the letter by either certified mail, return receipt requested, or by overnight mail where you get a signature for proof of delivery.

Fr_Chuck
Sep 29, 2008, 01:15 PM
Yes, he is bound by the lease, he has to honor it, and the new buyer has to honor it, or they have to buy you out of that lease.