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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 56074
Experience:  Experience representing landlords and tenants.
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I have someone interested in leasing my space. They are a

Customer Question

I have someone interested in leasing my space. They are a company which include two individuals. They are going to sign a three year lease witha personal guarantee. I will also be loaning them $15K for the build-out which will also include a guarantee.Trying to be forwarder thinker if they do not pay their lease or leave before the end of their term I understand that they would be responsible for the remainder of the lease.In a past lease agreement my parents did tell me that the landlord can take the tenant to court to hold back any valuable processions if they do not pay or in default. Is that correct?For example, there was a Hallmark store in the mall my parents had a Chinese restaurant. The hallmark store was falling back on their rent. The lady that owned the mall must of went to the court and either sued them or asked to change the lock.I am just trying to figure out what this process is called.Thank you!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you.

What you want to include in your lease is a provision giving you a landlord's lien. The provision would look something like this:

LANDLORD’S LIEN – To secure the payment of Rent and the performance of Lessee’s obligations hereunder, Lessee hereby grants to Lessor a lien and security interest in and to all goods, equipment, fixtures, furniture, furnishings, inventory, machinery, and other personal property owned by Lessee and placed in or upon the Demised Premises and the proceeds thereof (collectively, the “Collateral”) during the term of this Lease. The provisions of this paragraph shall constitute a security agreement under the Uniform Commercial Code as adopted in the State of _________ (the “Code”), so that Lessor shall have and may enforce a security interest in and to the Collateral. Lessee hereby authorizes Lessor to file such financing statement(s), amendments and renewals thereof as may be required from time to time in order that such security interests may be perfected pursuant to the Code. Lessor, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under the Code in addition to and cumulative of the Lessor’s liens and rights provided by law or by the other terms and provisions of this Lease.

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Customer: replied 1 year ago.
I'm in Maine and I read online that the landlord lein only applies in two states not including Maine. Is that correct?
Expert:  insearchoftheanswer replied 1 year ago.

There is a distinction between commercial leases and residential leases. Since you are in Maine, I am going to opt out so another expert intimately familiar with the laws of Maine can timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Infolawyer replied 1 year ago.

different expert here.

do you still need an answer? if so, what can I answer at this point?

Customer: replied 1 year ago.
does landlord lien apply in Maine? If not what are other remedies to protect our originaal investment/lease terms?
Expert:  Infolawyer replied 1 year ago.
The lien does apply where agreed to by the parties. Alternatively one may pursue other avenues. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! I wish you the best. I trust the answer has been helpful. kindly let me know.

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