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Alex J. Esq.
Alex J. Esq., Attorney at Law
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I have a question on retail lease assumption & release agreement.

Resolved Question:

I have a question on retail lease assumption & release agreement. If the new tenant
signs the form and if she dies before Jan. 1st.(the date of assumption) am I legally responsible to full fill my remaining term or would it be her business (family members)? If she dies after Jan. 1st and am I still responsible to full fill the remaining 15 months on my original lease?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was this lease assumption / release agreement approved by the landlord?

Was there any type of a force majeure provision in the lease assumption, that would cover the death of the person assuming the lease?
Customer: replied 1 year ago.

No there's not any force majeure provision in the lease assumption that


would cover the death of the person assuming the lease.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Did the landlord approve the lease assumption and signed both lease assumption and the release of the original tenant?
Customer: replied 1 year ago.

He will shortly. I am the original tenant and he has agreed to release "Tenant from all liability under the Lease for the period on and after


Jan. 1, 2014.


Assumption of lease"


Assignee assumes all of Tenant's obligations under the Lease Agreement for the period stating on Jan 1st, 2014.


 


Consent to Assignment: Tenant will assign the Lease Agreement to Assignee effective. Jan. 1, 2014 and Landlord consents to the assignment of the Lease Agreement to the Assignee as of Jan.,1, 2014 at which time Assignee will be referred to as "Tenant".


 


So does this agreement release me of any further obligation to


full fill my remaining 15 months on my lease expires on March 2015 when the new tenant takes over my lease? What happens if she dies before Jan 1st or after Jan. 1st and there's no one else to pay.


Am I legally responsible or it's her company; family members that need to pay?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

If the person who is signing the assumption of lease is alive at the time the assignment is executed and the landlord agrees and signs the assignment and release, then generally if the assuming tenant dies before the assumption begins, the the estate of the assuming deceased tenant would be liable for any liability under the assumption of the lease, unless specified otherwise within the lease, release or assumption document.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13438
Experience: Experienced Licensed Attorney
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Alex J. Esq.
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