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Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 57738
Experience:  Experience representing landlords and tenants.
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Is a successor landlord in a commercial lease liable for

Customer Question

Is a successor landlord in a commercial lease liable for prior tortious acts of the predecessor landlord assuming a straight assignment of the lease from prior landlord to successor landlord?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Maryland
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The concern is indemnification obligation by the tenant to the existing landlord for claims brought by third parties for tortious acts against the existing landlord. I represent the commercial tenant. The concern is whether or not the future landlord will have to stand in the shoes of the prior landlord without an express assumption provision contained in the lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 9 months ago.

If the lease is assigned, then the landlord takes over all rights and liabilities. That said, if the assignment has an indemnification clause, then successor can pursue assignor for coverage. The claimant then can pursue the successor who would turn to assignor for coverage/payment/defense costs etc.