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Posted: 3/19/2015 9:18:38 PM EDT
I am under the thumb of a failed business venture (nightclub) with a significant monthly lease amount that I'm under until March 2017.

To minimize my expenses I've winterized everything, disconnected all utilities, etc. I have been approached by some folks who would like to attempt to run an under 21 club in the space until my lease runs out (it is located right next to a college).

Cliff notes, they'd assume all liability, pay my lease amount, pay for utilities, liability and content insurance, etc. And if things don't work out or a better option arises for me (like selling the business along with the liquor license), I can terminate the agreement. That's their proposal they gave tonight.

So, that's their intention... but is it really possible for me to be the middleman (between my lessor and the subtenants) and minimize my liability to the point that it would be worthwhile to do this? Of course I would have them draw this up with their attorney then have mine go over everything with a fine toothed comb, but I was hoping to get the input of someone who has maybe been through something like this before.
Link Posted: 3/20/2015 1:34:33 PM EDT
[#1]
Quoted:
I am under the thumb of a failed business venture (nightclub) with a significant monthly lease amount that I'm under until March 2017.

To minimize my expenses I've winterized everything, disconnected all utilities, etc. I have been approached by some folks who would like to attempt to run an under 21 club in the space until my lease runs out (it is located right next to a college).

Cliff notes, they'd assume all liability, pay my lease amount, pay for utilities, liability and content insurance, etc. And if things don't work out or a better option arises for me (like selling the business along with the liquor license), I can terminate the agreement. That's their proposal they gave tonight.

So, that's their intention... but is it really possible for me to be the middleman (between my lessor and the subtenants) and minimize my liability to the point that it would be worthwhile to do this? Of course I would have them draw this up with their attorney then have mine go over everything with a fine toothed comb, but I was hoping to get the input of someone who has maybe been through something like this before.
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The first question is, does your lease allow subletting?

Every single person I've known that tried this was in breach of the lease by doing so and it ended ugly. If you enter into a contract without clean hands then you reap what you sow. No landlord allows subletting here. Ever. Under any circumstances. That isn't the case in other areas though, I've been told.

Assuming your lease allows subletting, I'm not sure. I'd like to know what others think. If it could get you out from under a bad deal and is legit then it'd be worth a shot. I shut down my first business in 2010 and took over  200k in debt from the business so I wouldn't have to file bankruptcy. That stuff can take decades to recover from if you dig deep enough. Some people never come back from it in their lifetime.

I probably could have saved your nightclub. I watch Bar Rescue a lot. I'm kind of an expert now.
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