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sublesse having problem with landlord



john@e-classifiedad.com (John)
9/11/2004 10:59:50 PM


Hi! Friends,
I think someone advice me in this situation.
I am owning a small business in Los Angeles CA.
It's a retail business and the space is SUB-Leased.
I subleased the space from previous renter named ABC
Company(hypothetical name).
My lease expires on Jan' 2006.
The simple terms is I have to pay a flat rent of $2500/month to the
ABC Company.
And the ABC Company pays $1000 plus what I pay. So all together we pay
$3500 to the landlord.So basically the total rent for my store is
$3500.
Now, the situation is the ABC Company no longer exists(they did not
file bankcrupty yet),
they do not have any contact information whats so ever.
The landlord had sent me the notice that they did not get the full
amount of the rent for the month, so they can take legal action
against the ABC Company.
So my question is what are my legal rights in this situation?
Obivously, I want to stick with my sub-lease agrement with the ABC
Company and want to pay only $2500.
Also, if you could let me know what are the legal rights of my
landlord.
Can they force me to leave the space before my lease expires?
Can anyone let me know where should I approach to get help.
Thanks
 
 
"David Martel"
9/12/2004 6:24:16 PM


John,
There's enough money riding on this that you should speak with a local
lawyer. I would bet that you're out of luck. The landlord certainly has a
right to evict ABC from this property if they are not paying rent, unless
the lease says otherwise. You probably do not have any rights to the
property except as a sub-lessee of ABC so you will be evicted when ABC is
evicted. You may sue ABC for violating the sub-lease but you say that they
have ceased to exist. I think you should consider discussing with ABC and
the landlord the taking over of the lease that ABC has and paying the full
monthly rent if you can do so without paying ABC's unpaid rent. Talk to a
lawyer and have him read the lease and sub-lease.
Good luck,
Dave M.
 
 
"Falky foo"
9/12/2004 6:35:53 PM


I think the only course of action you may have is against ABC. The question
is why were they subleasing the space for less than they were paying for it,
and so much less?
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.


"John" <john@e-classifiedad.com> wrote in message
news:b2e792c6.0409112159.2dd1b921@posting.google.com...

Hi! Friends,
I think someone advice me in this situation.
I am owning a small business in Los Angeles CA.
It's a retail business and the space is SUB-Leased.
I subleased the space from previous renter named ABC
Company(hypothetical name).
My lease expires on Jan' 2006.
The simple terms is I have to pay a flat rent of $2500/month to the
ABC Company.
And the ABC Company pays $1000 plus what I pay. So all together we pay
$3500 to the landlord.So basically the total rent for my store is
$3500.
Now, the situation is the ABC Company no longer exists(they did not
file bankcrupty yet),
they do not have any contact information whats so ever.
The landlord had sent me the notice that they did not get the full
amount of the rent for the month, so they can take legal action
against the ABC Company.
So my question is what are my legal rights in this situation?
Obivously, I want to stick with my sub-lease agrement with the ABC
Company and want to pay only $2500.
Also, if you could let me know what are the legal rights of my
landlord.
Can they force me to leave the space before my lease expires?
Can anyone let me know where should I approach to get help.
Thanks
 
 
john@e-classifiedad.com (John)
9/12/2004 3:54:53 PM


Thanks guys, its discouraging for me anyway I have to tackle it.
"Falky foo" <falkyfoo@bonksbcglobal.net> wrote in message news:<dG01d.19402$yf7.709@newssvr29.news.prodigy.com>...
I think the only course of action you may have is against ABC. The question
is why were they subleasing the space for less than they were paying for it,
and so much less?
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.


"John" <john@e-classifiedad.com> wrote in message
news:b2e792c6.0409112159.2dd1b921@posting.google.com...

 
 
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