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tommykal · Dec 1, 2010, 10:19 AM

Had a prospective tenant(medical company,) to lease my building in Philadelphia, PA. They signed the lease and sent me a check, but three days later changed they're minds and backed out verbally. Can I sue them and retain part of the security deposit? What are my rights?

excon · Dec 1, 2010, 10:47 AM

Originally Posted by tommykal

What are my rights?

Hello tommy:

There are NO commercial landlord/tenant laws. Contract law is what rules... Therefore, whatever rights you have are contained within your agreement. If you didn't make provisions for this occurrence, then you can't make them up now. If you didn't, and you KEEP the money, and there's a lawsuit filed over it, and YOU wrote the agreement, the court will rule against you.

If you had an attorney, he'd be the guy you should ask... But, if you HAD an attorney, what you would DO about this situation would be clear to all the parties.

excon

tommykal · Dec 1, 2010, 12:07 PM

To be exact, a broker representing the lesee talked to my broker. My broker submitted a non-residential lease for a part one oa a two part agreement. This agreement was signed by all parties with a check for one months rent and security deposit.

tommykal · Dec 1, 2010, 12:10 PM

Exon, I didn't write the agreement, my broker submitted this.

excon · Dec 1, 2010, 12:34 PM

Originally Posted by tommykal

My broker submitted a non-residential lease for a part one oa a two part agreement. This agreement was signed by all parties with a check for one months rent and security deposit..... I didn't write the agreement, my broker submitted this.

Hello again, tommy:

I understand that you, personally, didn't write the agreement. Your broker did - or he got it off the shelf... It doesn't matter. He's YOUR representative, and the judge will rule as though you DID write it.

But, we're getting ahead of ourselves. HOW the deal happened isn't important. What's important are your rights, if any. If you have them, they are spelled out IN THAT agreement. I don't mean this as an insult, Sir, but did you read it? If not, do that, and get back to me?

You may also have some recourse against the broker. What does it say in your agreement with him?

excon