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I have a commercial lease (restaurant) - my lease ending…

Customer Question
I have a commercial...

I have a commercial lease (restaurant) - my lease ending date is March 2020 it is a 5 year lease - the owner sold the building, the new owners want me to sign a one year lease because they are tearing the building down next year- they are telling me that if I do not sign the lease they will have me removed from the premises. is there anything I can do about my lease this is my lively hood and I don't know what to do they sent me a certified letter stating if I don't sign with in 10 days of the letter the will file with the court to have me removed

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

Lawyer's Assistant: Has any paperwork been filed?

Not as of yet

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/22/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,928
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Are you in breach of the lease?

Does the lease have any provision for early termination?

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Customer reply replied 8 months ago
No
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Thank you for the additional information.

The new owner takes title subject to your tenancy and can not terminate it early without you being in breach or without a lease provision allowing for early termination.

That means that the lease remains enforceable with the new owner, who steps into the shoes of the prior landlord as their successor in interest.

Of course, you can negotiate a modification with the landlord. They would need to buy out your interest to terminate early.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Loren
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Category: Real Estate Law
Satisfied Customers: 37,928
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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