Assignment of lease who's responsibility is...

[Maryley]

What is the name of your state? CA

Hi,

we bought an existing business, and had an assignment of the lease. We never received a copy of the lease. The lease had a five year option but you had to exercise it 9 months before lease is to terminiate. Not having a copy we didn't know this, we assumed you would exercise the option when the existing lease was about to expire. Now our landlord is going to not enter into a new lease with us and make us vacate. My question is shouldn't the landlord have had to furnish us with a copy of the lease? We verbally requested it at our first meeting with him and he said don't worry about it we'll take care of that later. Since he hadn't agreed to the assignment of the lease yet, we thought he meant that was why. What are our rights?

 

[FarmerJ]

Leases for commercial spaces generally have been left alone by state legislative bodys . The majority of state laws one will find for rental units are written for residential units only . If you didnt have a copy of your commercial lease to take to a atty to review and later to have on hand to help you exercise your lease rights given to you in the lease just how are you able to prove what those rights are ? next time around at your new location dont allow a Lease to be signed with out going some where with the LL or LL agent and getting a copy on the spot .

 

[Maryley]

FarmerJ,

NOW we have a copy of the lease. It was recently, as in one month ago, given to us by the old owner of the business we purchased. It is his lease we assigned. He apparently didn't even know he had to exercise his option nine months ahead of time. So the landlord is not supposed to have given us a copy of the lease? There is no legal responsibility or expectation of doing that on his part? Remember I did request it verbally at our first meeting.

Thank you!

 

[Who's Liable?]

Requesting it verbally and having it in your hands are two different things...

It is your responsibility to have a copy of a signed lease in your posession...

 

[Maryley]

And how exactly would I go about "having one in my hand." other than requesting it?? How would I have a signed copy if I ask for one and he doesn't give it? But it is my responsibility to have one? Magically?

 

[Who's Liable?]

And how exactly would I go about "having one in my hand." other than requesting it?? How would I have a signed copy if I ask for one and he doesn't give it? But it is my responsibility to have one? Magically?

Grow up and act like an adult. No one is going to hold your hand... You should've done something Like Fat Toney stated.