can a sublessee be held responsible by the owner of a building for the lessor's unpaid rent at the lease term

In Leasing Property - Asked by mike s. - Sep 17, 2011
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Answer(s)

John S.
Broker/Agent
Boca Raton, FL

IT WOULD DEPEND ON THE LEASE ITSELF , USUALLY IT OWNER AGREE'S TO A SUBLEASE , BOTH PARTIES ARE RESPONSIBLE FOR THE FULL PAYMENT ,IF ONE DEFALUTS

Sep 17, 2011
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Chris R.
Broker/Agent
Denton, TX

An attorney would have to review the entire document - the lease, the sub-lease, to what extent the owner agreed to all terms and conditions, etc. in order to fully answer this question. All depends on the language in the lease and the sub-lease and if all requirements were met - relative to the sub-lease and terms governing same in the original lease and what the sub-lessee agreed to.

Sep 20, 2011
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Ron F.
Owner/Investor
Maplewood, NJ

A key term to look for in the sublease would be "joint and several" as in a "joint and several" liability obligation of the lessee and sublessee. In my I'm not a lawyer opinion:
1. I'd be surprised if you could collect from a sublessee in any case if they show proof of having paid the lessee.
2. If the sublessee does show such proof, it might help your case in collecting from the lessee. If the lessee is a stone you're trying to get blood from, you still might have a chance if they recently filed BK and you can make a case to "claw back" a preferencial payment that possibly should have gone to you.

Sep 20, 2011
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Leonard C.
Broker/Agent
Jacksonville, FL

Read the Lease Agreement. Normally, yes they would be held responsible for unpaid rent.

Sep 21, 2011
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