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QLD REIQ Retail Shop Tenancy Lease - Joint Tenancy - Business Partner Wants Out

Discussion in 'Commercial Law Forum' started by Kippy-Kat, 7 April 2015.

  1. Kippy-Kat

    Kippy-Kat Member

    7 April 2015
    Likes Received:
    I signed a lease with a friend for a business premises where each of us is a sole trader, just sharing premises.

    Now, several months down the track she has left her husband, moved from the area and refusing to pay rent. We still have 5 months to go on the lease. I am not in a financial position to cover her half.

    Who is liable to pay her half...we jointly signed the lease.

    Many thanks in advance for your advice.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Kippy-Kat,

    Generally when 2 people enter into a joint lease, they are jointly and severally liable for fulfiling the contract. This means that you are together and individually liable if the other doesn't pay. In short, if your friend isn't paying her share of the lease it falls on you to pay it yourself. You can then try to recovery any monies from her to the extent that she agreed to pay half of the rent.
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    Rod likes this.

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