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    pooter8's Avatar
    pooter8 Posts: 1, Reputation: 1
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    #1

    Oct 22, 2008, 06:54 PM
    Subleasing a business location & leassor took back am I responsible now?
    OK I'll try to make this quick so hopefully it makes sense. I had a friend who gave me her business, yes gave it to me. Anyway it was a consignment shop so I agreed to pay her half of the amount on her items while I took over (that's what the other consignment people got too). Well, we subleased the building from her & she was leasing from the landlord who owned it of course. 4 months after I took over the old owner wanted it back & to tell you the truth I wasn't making enough to argue so I gave it back to her. I then left my items on consignment & she gave me half of what they sold for. This all worked OK until I realized I wasn't getting all of the money for my stuff & a lot of it was disappearing. So according to the consignment contracts that we used on our people I could go in and take out my items, the owner had told me I could also a few times. Well I went in & took all of them out & it almost wiped out the store because I had so much. Now she is mad & says I am responsible for the 9 more months of the lease that I signed through her! Is this legal since she took over the building again? We never redid a lease or anything & she still has the old one that I signed so I have no idea if she can sue me for this even though she took back over? I have a feeling she will leave the building before the lease is over & won't pay the landlord & that's were I feel she will try to sue me. She keeps telling me she has the lease & is ready to take it to a lawyer to get the money from me. Everything was OK until I took my stuff out which I didn't think was a big deal but what can I do now?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 22, 2008, 07:10 PM

    No, laugh at her ( but you will have to go to court)

    Since she wanted to break it, it was her, she should have paid you money to take over.

    You can counter sue for the value of any and all missing items.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Oct 22, 2008, 07:13 PM
    Tell her to sue you. Then tell her that you will file a counterclaim for constructive eviction and lost profits.

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