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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36125
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own a commercial building in San Bernardino County. The

Customer Question

I own a commercial building in San Bernardino County. The tenant leasing my building is
an auto body shop. He took over the business when the original owner had a heart attack.
He contacted me and said he is having to dip into savings to make the utility payments. He is asking me if another person can use the warehouse to display his cars. In return, this person will help my tenant make the rent payment. Should I rewrite a new lease to include the additional occupant? Is it necessary for me to have him add me as "Additionally Insured" on his renters insurance?
Thank you
Jenny
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

It would be a great idea for you to require a new lease that made each of the tenants legally responsible for the rent due to you in exchange for you allowing the subletting to occur. This way if one tenant defaulted, you could look to the other for payment---in person or in court if necessary.

And with any tenant you might lease to, it is a real necessity for you to demand that the new sub-tenant also carry liability insurance and name you as an additional insured for your own protection. This is especially if this new tenant is not only displaying his cars but perhaps selling them or allowing people to test drive them.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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