Hello Everyone,
I wonder if someone could offer me some advice.
I have a commercial lease which expires in April, 2019.
The lessor owns the building next to mine in which he operates a fruit shop.
The lessor had fitted out the shop I am leasing as a butcher (he felt it would help his business as customers that came to the butcher would likely visit his shop also) and was looking for a butcher to basically just operate the shop as such.
I took the lease out some 2 years ago (and prior to me he had another butcher operating the shop as such).
For various reasons I do not wish to work the shop to the end of the lease and my question is this- if I just close the shop could I be in any way legally liable/responsible for any drop in his fruit shop income?
The lease I signed was just a straight commercial lease. Though not explicitly stated in the lease the rent was about $150/week higher than market value to compensate the lessor’s expense of fitting out (fridges/tables etc.) the shop (which which I was fine) and makes no mention of any responsibility/liability I would accept for the income (or change of income) in his business based on my activity (or lack of it). I certainly would not have signed such a lease if it did.
I did not buy a business from him. Again, it was just a straight forward lease though one clause specified the number of hours per week my shop would be open (which, at the time of signing, I interpreted to mean that, if I did not keep the shop open for the specified number of hours he would have the legal right to terminate the lease).
So, could there be any legal basis for him to sue me for any potential losses in his fruit shop business if I just shup up my shop?
I should just say, if I shut up shop, I have every intention to continue paying monthly rent until he finds another tenant or until the end of the lease term (which ever comes first)
I wonder if someone could offer me some advice.
I have a commercial lease which expires in April, 2019.
The lessor owns the building next to mine in which he operates a fruit shop.
The lessor had fitted out the shop I am leasing as a butcher (he felt it would help his business as customers that came to the butcher would likely visit his shop also) and was looking for a butcher to basically just operate the shop as such.
I took the lease out some 2 years ago (and prior to me he had another butcher operating the shop as such).
For various reasons I do not wish to work the shop to the end of the lease and my question is this- if I just close the shop could I be in any way legally liable/responsible for any drop in his fruit shop income?
The lease I signed was just a straight commercial lease. Though not explicitly stated in the lease the rent was about $150/week higher than market value to compensate the lessor’s expense of fitting out (fridges/tables etc.) the shop (which which I was fine) and makes no mention of any responsibility/liability I would accept for the income (or change of income) in his business based on my activity (or lack of it). I certainly would not have signed such a lease if it did.
I did not buy a business from him. Again, it was just a straight forward lease though one clause specified the number of hours per week my shop would be open (which, at the time of signing, I interpreted to mean that, if I did not keep the shop open for the specified number of hours he would have the legal right to terminate the lease).
So, could there be any legal basis for him to sue me for any potential losses in his fruit shop business if I just shup up my shop?
I should just say, if I shut up shop, I have every intention to continue paying monthly rent until he finds another tenant or until the end of the lease term (which ever comes first)
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