ExpertLaw.com Forums

Asked to Leave Commercial Space Before Lease is Up

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 07-14-2017, 07:36 AM
    theljaaegroup
    Re: Asked to Leave Commercial Space Before Lease is Up
    Okay guys I met with the landlord again after emailing him and he had an old lease that states he has the right to find someone who will be paying 10% more for the rent it is signed by the landlord and the previous owner he also stated that the lease I have was never acknowledged or signed and I am a month to month tenant due to the fact we had no signed agreement If hes right then it is what it is but I would really like to know if I have a chance to at least buy more time.

    Thanks for all the advice
  • 07-14-2017, 08:40 AM
    Mr. Knowitall
    Re: Asked to Leave Commercial Space Before Lease is Up
    I can't review either lease from where I'm sitting. I suspect that the landlord is bluffing or is referring to a lease that is no longer in effect, but I can't verify that for you. I suggest that you show the relevant documents to a real estate lawyer in your state.
  • 07-19-2017, 07:14 AM
    theljaaegroup
    Re: Asked to Leave Commercial Space Before Lease is Up
    Quote:

    Quoting Mr. Knowitall
    View Post
    I can't review either lease from where I'm sitting. I suspect that the landlord is bluffing or is referring to a lease that is no longer in effect, but I can't verify that for you. I suggest that you show the relevant documents to a real estate lawyer in your state.

    Okay thank you

    I was just showed a lease that expired in 2009 and has the previous tenant and the landlords signature however the lease I was given wasn't signed by either party the landlord said the previous tenant was on a month to month (no proof)
  • 07-19-2017, 07:52 AM
    hr for me
    Re: Asked to Leave Commercial Space Before Lease is Up
    Ask the previous tenant for his copy of a signed current lease - that should have been something you got during due diligence of taking over the space at that time. Did you not confirm what the actual lease was and just took an unsigned copy as fact? If so, it is very possible that they were under a MTM least from the expired one in 200 since you don't have a signed copy.

    I work for a property management company and will tell you the lease generally isn't valid if both parties have not signed it - so you need to be looking for a signed copy. If it doesn't exist, then the landlord isn't bluffing, rather your previous tenant was.
  • 07-19-2017, 09:07 AM
    Mr. Knowitall
    Re: Asked to Leave Commercial Space Before Lease is Up
    Quote:

    Quoting hr for me
    View Post
    I work for a property management company and will tell you the lease generally isn't valid if both parties have not signed it - so you need to be looking for a signed copy.

    While a lease may contain a provision that requires it to be signed by both parties to be valid, and a lease must normally be signed by the party against whom enforcement is sought, that changes once the tenancy begins. If the tenant signs the lease, absent something to the contrary within the lease, the lease is binding on the tenant. If the parties negotiate a lease and start a tenancy, but for some reason do not sign the lease but the tenancy nonetheless commences, it is likely that a court will regard the lease as reflecting the terms of the tenancy.
    Quote:

    Quoting hr for me
    If it doesn't exist, then the landlord isn't bluffing, rather your previous tenant was.

    If there is no lease that includes the provision that the landlord is claiming as a basis for early termination, then it's not "bluffing" to indicate that there is no such provision in the lease.
  • 07-19-2017, 10:56 AM
    hr for me
    Re: Asked to Leave Commercial Space Before Lease is Up
    I will disagree on which lease might be valid. But I agree we would have to see both to tell for sure. He said there was an original lease that includes that provision that was signed and the landlord has a copy that he has seen and that is what the landlord is going by. It seems like neither side has a copy of a current (2nd/later) lease that was possibly signed by either side after the term of the original lease. It is very possible a new lease was written but never signed so the old provisions in the old lease would apply.... It is possible the prior tenant believed himself to be under the new lease but didn't protect himself by signing it. In the end, the takeover tenant should have gotten a signed copy of the updated lease when he tookover. He assumed a non-signed lease was in affect and that a vague letter would suffice. Unless his letter specifically detailed the lease provisions and possibly the updated lease date.

    He stated above that he wrote and the landlord accepted a continuation of the current situation, but what is unclear is what both thought the current situation was since a new lease was not negotiated or signed at that point, rather he tookover the "current" one. If he can't come up with an updated signed lease from the prior tenant that states the new provisions (and not something that he signs now rather than back at negotiation time), then I don't see where the 2nd can now be validated and signed nor count as the updated lease. But again I agree that the leases and other written communications could flip my perspective. The devil is going to be in the details.
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 01:02 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved