TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Buying & Selling a Business/Can I still be liable for a…
Buying & Selling a Business

Can I still be liable for a lease default my buyer causes years after I've sold the business?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, potentially — and this is a direct consequence of the general rule that assigning a lease doesn't automatically release the original tenant. If you assigned the lease to your buyer but never obtained a formal release from the landlord, you can generally remain liable on the lease covenants for the rest of the term, which means a default by your buyer years down the road — unpaid rent, damage to the premises, breach of another lease obligation — can still expose you, long after you've moved on from the business entirely.

This risk doesn't fade with time or distance from the business; it exists for as long as the lease term (and any renewals your guarantee or ongoing liability might cover) continues, unless a release was properly documented at the time of the sale.

If you're not certain whether you obtained a full release when you sold, it's worth confirming now rather than waiting to find out through a demand letter. A Treadstone business lawyer can review your original assignment documents and clarify where you actually stand.

Key takeaways

  • Without a formal release, liability for lease defaults can follow you for years after selling.
  • This risk doesn't diminish with time or distance from the business.
  • It applies to the remaining term, and to renewals a guarantee or liability may still cover.
  • Confirm whether you actually obtained a release at the time of sale — don't assume you did.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →