Legal Question in Real Estate Law in California

We have a commercial lease that is under one of the member's names personally, but the LLC has been paying on the lease since its inception. Does the fact that the LLC has been paying the lease grant any rights to the LLC? The member in question has left the business and the landlord is saying that the lease must be severed and a new lease needs to be put into place. (There is also an assignment clause that the landlord will not unreasonably withhold assignment of the lease to an acceptable, experienced, credit worthy assignee.) Thank you for any help on this.


Asked on 9/03/14, 5:40 pm

2 Answers from Attorneys
William Christian Rodi Pollock

Depends on the ;lease itself, but from what you are describing, the Landlord probably has the right to insist on a new lease. The LLC seems to have no interest in the lease, and writing the check is not enough to give it a leasehold interest.

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Answered on 9/03/14, 5:45 pm
Anthony Roach Law Office of Anthony A. Roach

If the member signed the lease on behalf of the LLC, then the member simply acted as an agent of the LLC and the lease is with the LLC. That is usually clear from the terms of the lease itself.

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Answered on 9/08/14, 7:54 am


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