Hello there, thank you in advance for your advice.
In a dissolution, I was awarded property that is currently occupied by a business. There is no current lease that covers 2019, but the most recent lease that expired in 2018 was between the business and my ex. Does their old, expired lease survive the owner transfer that happened last month? Does it automatically become a month-to-month lease in the absence of a renewal?
Am I considered the new Landlord even though there is no written contract between me and the business to lease the property?
If there's no lease which I am a part of, do I have to abide by the old lease terms that my ex wrote up? Can I enforce the terms of the old lease?
Yes the old provisions are now part of the month to month. You would be well advised to have a lawyer draft you have a new modern lease and give the tenant 30 days to agree to the new terms. Then if they won't sign the new terms will be effective after the 30 notice period.
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It would be good for you to check the lease in question to see whether it allows the landlord to "assign" his rights in the lease. Also check what it says about what happens at the end of the existing term. You may need to have your EX formally assign his rights to you so that you will then be "in contract" with the tenant and can proceed from there. A commercial real estate attorney should be able to guide you through the process.
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