Does a company with aland lease on property owned by multiple owners, have to notify each individual owner of cancellation?
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Does a company with aland lease on property owned by multiple owners, have to notify each individual owner of cancellation?
There are 4 brothers, each with 25% ownership of the property. They get rent payments from a tower company for its tower on the property. According to the contract, at least 90 days notice must be given before cancelling a contract, or opting out of the automatic renewal. All 4 brothers signed a separate copy of the contract. Do we need to give written notice to each owner?
Asked on October 18, 2010 under Real Estate Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Since each owner is a party to the contract, all of the owners need to be notified of your cancellation of the contract. The notice should be provided at least 90 days prior to cancellation to comply with that provision of the contract. Although it is possible that one brother might inform the others of the cancellation, you don't want to risk that, because the brother(s) who didn't receive your notice of cancellation could claim the contract was still in effect and sue for the rent and claim that since they didn't receive notice the automatic renewal was effective.
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