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The Leasing Hotline
SUBLEASE
A “management agreement” for a business is a sublease where the parties agree that the sublessors will have exclusive use of the business premises and assume all obligations under the terms of the lease. Tillimon v. Hasan, Court of Appeals No. L-03-1066, Court of Appeals of Ohio, Sixth Appellate District, Lucas County, Feb. 13, 2004.
On Dec. 30, 1999, the landlord, Tillimon, entered into a 10-year lease with the tenant, Hasan. Under the terms of the lease, Hasan was to lease a building from Tillimon for the purpose of operating a convenience store. At the time that the lease was signed, Hasan operated his business under the name Mighty Mart USA. After the lease was executed, Hasan incorporated the business as Mighty Mart USA. Hasan owned half the shares of the corporation, and Qamari owned the other half. On Sept. 8, 2000, Hasan and Qamari entered into a “management agreement” with the Shannak brothers, who agreed to operate the Mighty Mart and assume responsibility for all of the debts of the business in exchange for keeping all of the business profits. On Feb. 26, 2001, Tillimon sought to evict the Shannak brothers from the premises, claiming that the February 2001 rent and other expenses had not been paid. Tillimon also claimed that Hasan was in violation of the lease because the premises could not be sublet without his permission, which had not been given.
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