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  1. #1
    Join Date
    Sep 2013
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    5

    Default What Can You Do if the Tenant is Not Properly Named on a Commercial Lease

    My question involves landlord-tenant law in the State of: NY

    I am selling my business and I just realized that the name on the lease is listed incorrectly. The landlord listed it as "My name" d/b/a ABC corp instead of ABC, Corp and I signed the lease at the time without realizing it. My landlord is kind of an assshole so I wanted to know what is the easiest way to handle it?

  2. #2
    Join Date
    Nov 2013
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    7,056

    Default Re: Commercial Lease Tenant Name Incorrect

    It's not a mistake on your landlord's part. He made you personally responsible for the lease. It shouldn't make any difference at this point.

  3. #3
    Join Date
    Sep 2013
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    5

    Default Re: Commercial Lease Tenant Name Incorrect

    Quote Quoting budwad
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    It's not a mistake on your landlord's part. He made you personally responsible for the lease. It shouldn't make any difference at this point.

    How is that so if I never signed a personal guarantee.

  4. #4
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    Nov 2013
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    Default Re: Commercial Lease Tenant Name Incorrect

    The lease is in your name doing business under a fictitious name . That makes you personally responsible for the lease. No personal guarantee is necessary. And you signed the lease the way it was written.

  5. #5
    Join Date
    Sep 2013
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    5

    Default Re: Commercial Lease Tenant Name Incorrect

    ok, here is the situation i'm selling the business as a asset sale to new buyer. the landord said he will give new buyer a new lease and cancel my current lease, but he is stating the tenant is "my name" d/b/a ABC corp instead of ABC corp. In the sales agreement it is written as a sale between ABC corp and buyer. I'm not sure what the issue is with the landord since he said the new buyer will get a new lease and not assuming current lease. I'm doing the sale myself since the purchase price is less than $10k.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Commercial Lease Tenant Name Incorrect

    If you are fully released from the existing lease, then it doesn't matter what the existing lease says -- it will no longer be operative.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Commercial Lease Tenant Name Incorrect

    There aren't any issues here. You will be released from your old lease and the buyer gets a new lease. What it says on your lease won't affect the sale in any way.

  8. #8
    Join Date
    Sep 2013
    Posts
    5

    Default Re: Commercial Lease Tenant Name Incorrect

    I haven't been released from any obligation as of yet, the landlord has not approved anything. He said he will need a signed purchase agreement and he will then write a new lease. The issue he brought up was he stated the tenant was "My name" d/b/a ABC Corp, not ABC corp. I don't understand why he would bring that up since the new buyer will not assume the current lease.

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