Scott Roberts Weaver’s Answers

What does your lease say? Most commercial leases have a section on assignment and subletting. Covenants against assignment are enforceable.

The lease is not automatically rejected in most bankruptcies. However, if you do not stay current with your post filing lease obligations during bankruptcy, the landlord will move to reject immediately your lease and retake your possession. If a trustee is appointed, the trustee will oversee the liquidation of your inventory. Your bankruptcy counsel will be able to guide you through this process.

As stated by another commentator, your lease must be reviewed. Additionally, under Washington common law, you might have an argument that the landlord interfered with the covenant of quiet enjoyment. If the landlord breached the lease or the covenant of quiet enjoyment, the tenant might be entitled to damages.

You might have a defense if the landlord is seeking a rent that is far above the market. For instance, if the market dictates that the landlord could get $10,000 per month, but the landlord is asking $20,000 per month, the landlord is not being reasonable. You could argue that the landlord has failed to mitigate damages. If succesful, the landlord would not be entitled to damages against you. You should review your assignment/sublease provision in your lease and attempt to find a tenant to...

See below for some of your remedies. Courts are very reluctant to forfeit a lease unless the defaulting party materially defaults. Failure to perform the duties above is not a material default in my opinion. Based upon your post, I get the feeling that you are looking for an out under your lease. I highly doubt that a court would allow you to use these defaults as your out. RCW 59.18.070 Landlord – Failure to perform duties – Notice from tenant – Contents – Time limits for landlord's...

As I read your post, I am reminded of how so many commercial tenants don't have their leases reviewed by an attorney before they sign them. A lease review and evaluation can be done in an hour or two. The best couple hundred dollars you will ever spend. One of my colleagues has a number of frugal tenant clients. They have learned never to sign without a quick review. Conversely, in your situation, an attorney experienced in commercial leases, could probably review an evaluate your situation...

If a tenant is behind on rent, you typically serve him with a 3 day notice to pay or vacate. If he/she fails to vacate, you sue to evict. Unfortunately, it is not a simple process, and courts require that landlord's comply with the statute (RCW 59.18).

Your question is a bit unlear. You should provide more detail. I will make some assumptions. I am assuming that your landlord alleges that your landlord has alleged that you are failing to comply with a term of the lease other than failure to pay rent. I assume your landlord has given you a written demand to comply. I assume you have not. If you don't comply, your Landlord, if he has not already, will give you a Notice To Cure Or Vacate The Premises. If you fail to cure, your landlord will...

First of all, look at the statute below. Secondly, review your lease. You should be able to answer your question with the statute and your lease. That said, if your lease term has expired, a landlord can ask you for additional security monies when negotiating a new lease. Email me if you have further questions AFTER reviewing your lease and the statute. Scott sweaver@jbsl.com 59.18.260. Moneys paid as deposit or security for performance by tenant--Written rental agreement to specify terms...