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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I signed a lease agreement for a business. the landlord refused

Customer Question

I signed a lease agreement for a business. the landlord refused to accept the contrract unless my husband signed as guarantor stating he did not like doing business with just a women. My husband refused and I had already spent $50,000 on business equip, license, etc so I told leasing agent and he said I needed to get signature on there anyway i could. I signed by husband's name and witness name. 2 1/2 yrs later the business was vandelized and I closed it. I told landlord and wrote final ck. I asked in letter for him to contact me if unacceptable. I received noithing until almost 5mths later when served with lawsuit demanding remaning 2/1/2 yrs rent. I have told the court I signed my husbands name and asked that he be removed as defendant. Judge hearing on Mon . Also asked case be dismissed since contract not legal. Do I have a case?
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, unfortunately because you forged your husband's signature and presented that as a valid lease you cannot now claim that the lease is invalid due to your forgery. This would allow you to have forged the document, benefit from that forgery, then claim the contract is void to escape liability. The judge will not permit you to have it both ways, and in fact your argument may anger the judge.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and 3 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

I understand. However, the leasing agent told me to get a signature on the contract anyway I could and I think he know the signature was invalid. The normal procedure was to sign the contract in the office but he had me take it home then return it back to him. So it is my argument that he knew. Does that matter?

Also, the contract stated that if the shop was significally damaged the landlord could choose to terminate the lease. It did not however give me the same option but several people have told me that if the contract contains such a catastrophic clause, it has to apply to both parties. Is that true? The vandelism left the shop unoperable and the landlord refused to do anything about security stating it was my problem.

Customer: replied 3 years ago.
I have to appear in court tomorrow morning. What should I say to the judge?
Customer: replied 3 years ago.

i left feedback. please reply to my additional questions. i have to be in court tomorrow morning and need you advice on how to proceed. as i explained, our daughter had cancer last year and it left us fighting to pay our bills. we do not have an attorney and i will be in court all alone. is there anyway to get the judge to dismiss my husband as a defendant since he did not sign the contract. that way even if a judgment is issued it will be only against me>?

Customer: replied 3 years ago.
why have you not responded. i understood that i could ask more????

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