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  1. #1

    Default If the Landlord Evicts and Takes Over the Business, Does That Make Him the New Tenant

    I'm wondering what the implications are if the LL takes over the business and runs it himself. From what I have read and been told, if the LL finds a tenant then one is only liable for what months haven't been paid and for the possible difference in rent if the LL found a tenant that paid him less per month.

    But since he won't even look for a tenant, and he will pay the rent to himself does that work to my benefit?

    If the LL takes over instead of even looking for a tenant, does this make him the tenant, thus making null his claim that we should pay for all months that have not occured yet to fullfill the contract?

    Or is one still liable for some punitive damages for breach?

    If he proves the business isn't making any money to even pay himself the rent, does that still make me liable for it or is it up to him since he chose to not find a tenant?

  2. #2
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    Default Re: If the Landlord Evicts and Takes Over the Business, Does That Make Him the New Te

    If the landlord is occupying the formerly leased premises and is not seeking a replacement tenant, a court should not award the landlord damages for unpaid rent over the post-eviction duration of the lease. It doesn't matter whether or not the landlord is continuing your business, doing something else, or making a profit - it's his responsibility to mitigate his damages by seeking a replacement tenant, and if he chooses instead to occupy the premises he cannot claim to have done so.

  3. #3

    Default Re: If the Landlord Evicts and Takes Over the Business, Does That Make Him the New Te

    Quote Quoting Mr. Knowitall
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    If the landlord is occupying the formerly leased premises and is not seeking a replacement tenant, a court should not award the landlord damages for unpaid rent over the post-eviction duration of the lease. It doesn't matter whether or not the landlord is continuing your business, doing something else, or making a profit - it's his responsibility to mitigate his damages by seeking a replacement tenant, and if he chooses instead to occupy the premises he cannot claim to have done so.
    That is good to know, thank you. I think my other question would be. How long does he need to occupy the premises to make it so he really can't sue? For example, if he runs the business for 6 months, then decided to vacate, can he sue then? If he does it for 1 year, etc.? Can he always choose to sue as long as it is within the 4 year statute of limitations and he vacates at some time before the statute runs out?

    If I were to get him to sign a paper saying I am letting him take the business back and run it will that get me off the hook permanently? I'm just thinking that if I ask him to release me from the lease on paper, he might be reluctant, but if he signs a paper that I am turning over the business to him, he might like that since he knows I won't sue him. Will that protect me?

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