[jtran4321]

I have a store in which the rent for the past 3 years has been $9K/month. I have 2 years left on the lease. I've spoken over the phone and have many email correspondence with the leasing director of the realty company about giving me lower rent since the weakening economy due to high energy prices and sub-prime loan debacle have hurt my store sales. Initially, the leasing director was very eager to help me. He actually agreed that my rent was too high and wants to help me stay in business, probably because his company has four vacant unit beside mine right now. But, when I press him to only charge me $5K/month because I tell him it's the absolute best I can do if I'm to remain solvent, he dances around and is very slow to respond to my email for about 5 weeks now. He tells me he's either been too busy or he's spoken to his boss and is just waiting to hear back from him. So, about 2 weeks ago, I sent in a check for $5K for the month of May with an attached letter reminding him that, based on what we've talked about, it's the most I can afford right now. Well, his company cashed the check and it's been a little over 2 weeks now since they've cashed that check and I've yet to hear from him or his company.
My question is: If I wrote on the letter and on the check, " the enclosed amount $5K is considered 'paid in full' for the month of May", can his company later legally sue me for the remaining balance?

Thanks, John

[NowWhat]

Yes - they could sue you for the rest of the rent. Until you have an updated lease that says the new rent amount and is signed by all - you are responsible for the full amount.

[Fr_Chuck]

yes, the writing of payment in full has little value, esp if written to large corp that use electric signing of the checks, ( they don't actutlaly look at the check)

Next this does not change you legal lease, so yes they can sue for the remaining about, you can use the check as a defense but it will be up to a judge to decide

[Lowtax4eva]

As said above you can't do that, you don't own the building and can't decide your own rent. Whether the price is fair is not the issue, you have been willing to pay 9000 for 2 years, you can discuss a reduction but can't decide that they have accepted your reasons and your decided "fair" rent.

In short, yes they can evict you or sue you for the remainder so your best to pay it and continue requesting a reduction. Your best to move your business somewhere else when the lease ends.

[AW805]

You are obligated to pay the $9k a month. You should pay the difference immediately.