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Early termination of lease
My retail business is closing due to financial failure. I have a personally guaranteed lease for the showroom that is through April 2009. I have no cash (checking or savings), I have business loans that may be in default soon, my home is in pre-foreclosure, and I do not know how to protect myself from the landord demanding payment in full for the balance of the lease. HELP
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Where is the lease located?
Have you thoroughly read your lease? Do that, as also read the property code in your state regarding commercial leases. There's a sticky on this forum with links to each state's laws, but I believe it may just be residential. If you just search "commercial landlord tenant property code (state name)" you'll find lots of links. That will most likely expand on what the lease states. Any descrepancies, the law trumps the lease. I would definitely think in this situation your best bet to stave off the landlord is to try to make some type of agreement with them. It sounds like they could pretty easily get a judgement against you, but wouldn't have much luck collecting. Do you have anything to offer them as a "buy out"? That's really your only option, other than just vacating the property and hoping they don't pursue you legally - but I'd think they would with that much time left on the lease. |
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