I let a shop to a Tenant 10 years ago. Nowadays he is not doing any business at the premises and keeping unwanted items in the shop. He has not paid the rent for the past 7 months and asks settlement to vacate ? What is the remedy and what kind of legal action can be initiated and how law will help me ?
2007-02-21 21:28:24 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
1. This is a commercial property. You have collected 9 years plus 5 months of rent based on what you said.
2. You are in business. Legal costs are just that. Legal costs that you might not get back even if you win. It could turn out that what you 'win' is the stuff that has not been removed so far.
3. Sit down and discuss what the other side can do concerning the back rent. You want a clean break and no damage or clean up issues.
4. Get the property back into service or sell it off. It can only generate income if there is a tenant paying the rent.
5. You need to start with your present lease and see what it says. Some commercial lease allow you to seize the contents of the building if the tenant has not paid. This can happen without court action or with a minor process in court. Otherwise check the contact.
For a commercial property 7 months of no rent is not all that uncommon. You maybe could have taken action quicker but that is not how it will always work with a commercial deal.
2007-02-22 23:49:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Oh my. A lot will depend on how your contract reads. If this is a month agreement or a lease?
I have several rentals here in California. My contracts read that rent is due on the first and late on the fifth. On the fifth, if they have not paid, I post a 3 day notice that they can either pay or leave. *they have 30 days to leave*. After this I turn it over to my lawyer. He is a real estate attorney and really knows his stuff.
My notice reads something like this.
WITHIN THREE (3) DAYS after services of this notice on you, you are requited to pay said rent in full or deliver up possession of said premises to lessor, your lessor's agent, or legal proceedings will be commenced against you in the Municipal Court, City, County, to recover possession of said premises, and to recover TREBLE RENTS AND DAMAGES for unlawful detention of said premises.
My sister had a tenant not pay for a year. This went all the way to court, because they contested the action against them. The judge asked why she let it go so long, and why was she requesting them to move now. This question might be asked of you also. Her answer was because other tenants now want the same free rent.
I wish you the best. Good luck.
2007-02-21 21:42:58 · answer #2 · answered by Silly Girl 5 · 0⤊ 0⤋
The rules for renting commercial space are quite different for those regulating residential. This is a commercial tenant who is not even using the space. Basically, you can lock him out and put his stuff out on the sidewalk. Why don't you contact the city where your property resides and ask them what rules they have governing commercial tenants.
Don't let this person intimidate you into believe that he has a leg to stand on.
2007-02-21 23:44:42 · answer #3 · answered by swishtut 2 · 0⤊ 0⤋
call your interior of sight courthouse and talk to the court docket clerk. this could be a civil remember. you will could desire to report for an eviction. Take all paperwork with you, extraordinarily your lease. in case you haven't any longer have been given a lease possible report for an eviction. Take any paper artwork you experience will help, lawsuits from buddies, and so on. Your popular criticism isn't any charge. as quickly as the regulation serves them they could flow forward and flow out! Or in the event that they're "experts" at this, they would know they could stall by utilising answering the eviction. in the event that they do no longer answer they'll settle for a undeniable variety of days to get out (based what state you reside in). in the event that they answer, until eventually they have evidence of charge, the decide will cause them to flow. the two way, in the event that they do no longer want to flow, their stuff would be sat out and you will regain possession of your assets. sturdy luck!!!!
2016-09-29 11:16:50 · answer #4 · answered by matzen 4 · 0⤊ 0⤋
Dont put his stuff out on the sidewalk! You would be responsible for the loss if/when it gets stolen.
2007-02-22 00:41:03 · answer #5 · answered by JC 7 · 0⤊ 0⤋