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Has this commercial lease or was there one, been broken by tenant?

Seneca, MO |
Filed under: Divorce

I filled out a 2 year lease agreement with my son to help him be able to get his things out of a building my husband (who has filed for divorce) and I own. It was not notarized and he and my husband had a gun shop. Since the filing of the divorce papers, my husband has moved to another county and son has taken all the guns, ammo & accessories out of the building. There is no business there any longer. Electricity is 2 month's behind and payment is one., Is there a legal lease? Thank you.

Attorney Answers 3

Posted

Why wouldn't it be enforceable? Leases needn't be notarized.

My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

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Posted

So long as it was executed by two parties with authority it need not be verified by Notary Public.

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1 lawyer agrees

Posted

I believe you do have a lease. However, I do not know why you are asking the question. It is complicated because the landlord is you and your husband and the tenant is your son if I understand you. Did your husband authorize you to sign the lease or sign it himself? Is your son trying to get out of the lease? To be safe and allow you to enter into a new lease for the property you and your son should probably sign a paper that says the lease is hereby terminated and reference the property and date of the lease. If you want to sue your son it is more problematic because your husband must join in the suit and the issue I raised about whether he signed the lease or authorized you to sign it is important. I think your husband also has to sign the termination of the lease if he approved it originally.

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