I bought a business over a year ago that involved a lease assignment. My business was forced to close, and now myself and the original tenant are being sued for the remainder of the lease. I am going through the lease now, and I have found that there was a clause in the lease requiring 90 days MINIMUM notice for the original tenant and landlord to approve the lease assignment. The notice was no longer than 40 days, but was approved anyway... does this in any way void or affect the assignment?
1 Answer from Attorneys
Without seeing the full contract, I don't see how this will void the contract. Particularly since this was a year ago, there has been substantial performance for a year. I think you are straining at gnats.