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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have sold my business. The new owner signed a new 10 year

Customer Question

I have sold my business. The new owner signed a new 10 year lease in my commercial building. I had 6 months left.
My landlord is trying to charge an amount against my security deposit for his legal fees and processing the new lease to the new owner of $1500.
I have two questions.
1. Can he do that?
2. In Illinois should ther be interest?
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
The property is in Cook County, Illinois.
Expert:  Dimitry Esquire replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, did your lease have a 'no assignment' clause?

Customer: replied 2 years ago.
I believe it could be assigned upon approval of the landlord. Which could not be reasonably denied.
Expert:  Dimitry Esquire replied 2 years ago.


In that case the costs, UNLESS listed in the lease, are not something that the landlord can pursue. The costs for an assignment and a new lease can be added solely if the agreement stated that the parties agree to such expenses, or where the landlord can show injury and show that the costs are unreasonable. Therefore you can challenge his actions and argue that he cannot charge you for the new lease, as you can simply keep that person as a sub-tenant for the 6 months remaining. As far as interest, if this is a commercial lease, I do nto see any law that requires interest to be paid.


Dimitry, Esq.