San Jose, CA asked in Real Estate Law, Landlord - Tenant and Business Law for California

Q: I sold my restaurant in 2013 and got a letter to pay unpaid rent as current owner hasn’t paid rent

Hi,

I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if it’s been 10 years since I owned it or what can I do? How should I proceed? Should I contact the firm which they got the letter from? The letter has been sent to current owners, owners I sold the place, as well as myself.

2 Lawyer Answers

A: Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel, which you should do immediately. Get together all pertinent documents, including the original lease and any modifications, and any written communications (letters, emails, texts) which relate to the transactions and lease. Then set up an appointment with an experienced attorney.

Joshua D. Brysk agrees with this answer

A: Gerald's answer is correct, but I would add that they might not be making any claims against you. It may be that they are being cautious to give the notice of abandonment to anyone who potentially could claim a leasehold interest in the property (correctly or not). I concur with "set up an appointment with an experienced attorney."

Gerald Barry Dorfman agrees with this answer

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