Can a landlord of a commercial building put a lien in my properties if I do not pay the rent of the space?
Answer:
When you say "lien on your properties", do you mean a lien on the goods in your shop or a lien as in a judgment?
He may not want to cancel the lease, but if business is bad and you can't make the rent, he really won't have much choice in the matter. If you have an LLC, your exposure is limited to the leasing entity, and if that entity has few to no assets, your landlord may not want to throw money away on trying to bet blood from a stone.
If you aren't operating as an LLC or if the LLC has assets, your landlord may go after you for not only real damages (the rent and so forth) but for consequential damages as well if he believes you have assets.
Commercial properties tend to have different landlord/tenant laws than residential properties, so it would be best if you spoke with a real lawyer to find out your rights and responsibilities. He or she would be far more qualified to comment on your business structure, review your lease and discuss potential exposure with you than people on yahoo.
Just get your stuff out of the building. Your best option would be to find a renter for him. He can't put a lien on your property, but he can seriously mess up your credit for years. Find a someone to take over your rent.
It depends on the laws of your state, but most likely yes. Does it specify in the contract?
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It depends on the laws of the state where your shop is. It's very expensive for landlords when leases turn over (particularly if it's earlier than they had anticipated, as landlords budget for such things). That's probably why your landlord doesn't want to negotiate.
If you can find another tenant, that would probably ease your landlord's concerns. Just make sure that tenant signs a lease directly with the landlord and DO NOT sublet to the new tenant yourself. (If you sublet to the new tenant and they break the lease or don't pay the rent, you're still on the hook.)
Do you need to close the shop because of health problems or family issues? If it's something along those lines, I'd suggest calling your landlord and asking if you can buy him/her a cup of coffee and discuss the matter. If they agree, the most important thing is to stay calm and honestly explain to them what is going on. Have a list prepared of things you will do to help the landlord re-rent the space (i.e., help find a new tenant, paint the space yourself, but in colors of the landlord's choosing, make minor improvements yourself that the landlord would like to have done - all these things will make the space more attractive to the next potential tenant). Get any agreement in writing.
Just remember - your landlord has NO legal obligation to let you out of your lease early, so anything he/she does along the lines of talking to you about it, negotiating, etc. -- they are doing you a favor, so you need to be appreciative, and let them know it. Then live up to your side of the bargain.
Good luck!
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