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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9850
Experience:  Commercial and residential leases in NY & NJ & US
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I AN CLOSE TO BUYING A PAINT AND BODY SHOP IN BURLINGAME

Customer Question

I AN CLOSE TO BUYING A PAINT AND BODY SHOP IN BURLINGAME CALIF THERE IS A LEASE CAN THE LAND LORD CHANGE MY PAYMENTS OR DOES SHE HAVE TO FINISH THE EXISTING LEASE
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is***** will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

I want to make sure that I properly understand the question. You are buying a paint and body shop business and the existing owner has a lease taht still has time to run. Your queestion is whether the landlord can alter the terms of the lease or has to accept you as a replacement tenant under the existing lease? Is my understanding correct?

Customer: replied 1 year ago.
Expert:  Richard - Bizlaw replied 1 year ago.

The starting point is the terms of the leaew. Most leases prohibt an assignement of the lease or subletting under the lease without the landlord's approval. That approval normally does not have to be given in the landlord's sole discretion. If your seller's lease allows the seller to assign the lease or sublet the premiess without the landlord's approval, then the landlord would have not basis for altering the terms of the lease. If the landlord's approval is requiored. tjem tje ;amd;prd cam cpmdotopm tjat a[[rpva; pm a remegptoatopm pf tje ;ease/ Jpwever. amu sicj renegotiation can allow you to look to eliminate obligations that do not hel your business.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If my answer was particularly helpful you can pay a bonus.

Customer: replied 1 year ago.
SHE GAVE APPROVAL OF THE SALE OF BUSINESS SO SHE CAN CHANGE TERMS IS THAT CORRECT?
Expert:  Richard - Bizlaw replied 1 year ago.

What does the lease say about assignments and sublets? Does the lease restrict the sale of the business? Unless the landlord owns the business his or her approval would not be required to sell the business.

Expert:  Richard - Bizlaw replied 1 year ago.

Since the lease prohibits assignment or sublet wihtout hte approval of the landlord, the landlord can seek to make changes in the lease as a condition of approving the sublet or assignment. HOwever, you would have the right to reject those changes or propose your own. Also, you probably are not obligated to buy the business or to adjust th eprice if the lease is not acceptable to you.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If my answer was particularly helpful you can pay a bonus.

Expert:  Richard - Bizlaw replied 1 year ago.

If I have answered all your questions, you have to rate my answer positively so that I can get credit.

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