The economy has been hard on my business. The landlord agreed to reduce my rent by $1,000 a month until my commercial lease expires. This modification was put in writing and signed by both and the owner. The rent was renegotiated with 11 months remaining on the lease. I paid rent on time for 9 months. I was unable to make the rental payments for the last 2 months of the lease. I moved my business out after the lease expired. The owner has hired an attorney to sue me. They are claiming I owe the extra $1,000 for each month where rent was reduced and the last 2 months rent. I have read the modification to the lease agreement and I can't find a clause which states I am responsible for the full amount if I do not pay the rent. The owner refers me to his lawyer and the lawyer will not talk to me. They have filed for default judgment. How do I deal with this?

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Originally Posted by SBONB

How do I deal with this?

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Hello S:

Go to court and defend yourself.

excon

I filed an answer to the owner's original complaint denying everything (cost:$360). I was expecting to get a court date.

Instead, the owner's attorney filed an amended complaint adding another defendant (I purchased this business from another person. It is their name that is on the original lease. This individual is in a much much better financial position then I am to pay and I think the other side realizes this). And soon thereafter, I received from the owner's attorney a request for default judgment against me and the other defendant.

Do I have to file another answer when I have already filed one denying everything. The owner's attorney is not returning my phone calls.

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Originally Posted by SBONB

The owner's attorney is not returning my phone calls.

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Hello again, S:

Good. He's the enemy. He AIN'T going to help you. If he filed a motion for a default judgment, then you need to file an answer to his motion.

Look. It doesn't matter HOW right you are. If you don't know how to fight according to the RULES, you ain't going to win. You need a lawyer.

excon

People who are right lose all the time, what makes a difference is ability to file the right motions and to answer properly

And what evidence is available.

If the other person whose name is on the original lease did not sign and agree to the new terms, If I was the owner, I would say that since it was not signed by the original lease holder it was not valid.

Since the other side is using an attorney you need one really to protect yourself