QUESTION

What are my risks and liabilities for assigning my commercial lease to my potential buyer?

Asked on Jan 12th, 2013 on Landlord and Tenant Law - California
More details to this question:
I have 2 years remaining on my current lease and want to understand what my liabilities to the lessor would be in the event the persons I lease to skip out or are late in their lease payments?
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2 ANSWERS

Insurance Coverage Law Attorney serving Santa Rosa, CA at Law Office of Felix W. Loya
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You asked what your risks and liabilities were for assigning your commercial lease to a buyer (presumably of your business).  No other terms or conditions were included in your question and no other terms or conditions are assumed to be part of the question.   In California, an assignment of a lease, as opposed to a novation of a lease, leaves the assignor (in this case, you) legally responsible for all of the obligations under the lease that you had before you assigned the lease.  If your assignee (that is, the person to whom you assign your lease) does not pay the rent or the utilities or whatever other amounts are owed under the lease, you are legally responsible for paying those amounts in full.  You probably would have the right to seek to recover the amounts you pay from the assignee, but that woudl be little comfort if the assignee is broke.  Essentially, in California, an assignment of a lease gives the landlord another party who is responsible under the lease without releasing the old party.  I hope that answers your question.  
Answered on Jan 14th, 2013 at 2:32 PM

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Litigation Attorney serving Bloomington, IL
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Unless you get a release or waiver from the landlord, you will remain liable on the lease until it expires. If your sublessee/assignee defaults, you will be on the hook for rent, as well as all other obligations to the lessor under the lease. If there is an attorney's fees provision, you may also have to pay the landlord's attorney's fees.
Answered on Jan 14th, 2013 at 1:53 PM

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