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    leya2122's Avatar
    leya2122 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 27, 2012, 03:29 PM
    Urgent commercial property lease advice
    Hi! I have signed a commercial property lease with another sole trader together, though we are not partners, we are shering the premises 50x50 and paying all bills 50x50 but we are separate businesses and tills and business names are different. We have a right to break a lease after first year of tenancy and I am desperate to do so. But landlord is asking both signatures from us to break the contract. Are we really bonded together and none of us can break the lease separately? (We have a long term conflict between me and other sole trader who signed a contract). And one more thing: the landlord refuses to pay our deposite back when contract stops, is it legal? Would appreciate any help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 27, 2012, 03:38 PM
    With a commercial lease, the terms of the contract govern. So you need to read the contract carefully or have your attorney do so. Whether both leasees need to terminate and the conditions for the return of the deposit will be spelled out in the lease.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    May 27, 2012, 05:09 PM
    If the two of you signed one lease, and if the lease does not specifically give you the right to break it individually, then the landlord has the right to require signatures from both of you.

    If you are able to convince this other person to break the lease then you have to read that paragraph in the lease very carefully. If it says that you have the right to terminate the lease after one year and does not say that the landlord may keep your deposit then the landlord cannot keep your deposit.

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