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Sued for additional rent past lease

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littlenewo

Junior Member
Louisiana

1.) Signed a commercial lease in February 2007 to end Feb 29, 2008. (940 + tax/month)

2.) Tore down wall in existing space to enlarge rental space which increased rent 500 dollars in june 2007. Landlord asked partner if he would sign additional 2 years for tearing down wall, partner said he would talk to me but yes.

3.) Three days later I find a different property 3x's larger for less money.

4.) Immediately go see landlord and tell him that my business will be leaving at the original termination date. (8 months away)

5.) Agree with landlord to give up deposit (940$) for the wall that was torn down, also which was the reason he wanted us to sign additional years lease.

6.) In the following months landlord harassed my business partner and insulted him frequently. One day, while I was not there and my partner was busy the landlord pressured my partner into signing a note stating that he would pay 2 additional months rent and 600 dollars for not signing the additional 2 years lease.

7.) I was not told about this agreement and never signed anything. I am the agent on the LLC and 50% owner. Do I have to pay this guy?

ALSO*** We moved off of his premises in October 2007, and paid rent untilFeb. 2008 as per our original lease.
 


Zigner

Senior Member, Non-Attorney
Actually, it sounds to me like YOU don't have to pay him...but the LLC probably does.
 

littlenewo

Junior Member
Even if I never agreed to anything? Does me being the agent help? Also, we were not zoned to be in his building in fact he isnt either and told us to lie on our application
 

Zigner

Senior Member, Non-Attorney
Let's get a little more general.
Ordinarily, if a partner in the LLC commits the LLC to a contractual relationship, then it is binding on the LLC (barring any "out of the ordinary" circumstance in the LLC)
 

Zigner

Senior Member, Non-Attorney
Is there a contract? I'm not sure there's consideration here. What did the landlord give up?
I re-read the OP and can definitely see your point. It could be argued that the signed agreement was made due to the verbal agreement by one of the partners was relied upon by the LL and the agreement was compensation for this reliance. I will also totally agree that's it's not the strongest argument in the world ;)
 

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