Quote Quoting Sara777
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Basically we want to get the money back as landlord did not give us the correct information.
As jk said, that's not going to happen. You chose to keep the rental unit and to occupy the space.
Quote Quoting Sara777
Also, we did not rent a room in a commercial building, in fact the price of a commercial office is half the price we paid for six months rent.
The only lease provision you have showed us is for a commercial lease. Rent is something you negotiate with your landlord.
Quote Quoting Sara777
So, what happens if my roommate stays after the six months is over and of course not paying the rent because there is no terms and conditions in our six months lease? can landlord go and sue us?
You and your roommate can expect to be parties to an eviction action, which will probably include a claim for the additional rent you owe. You and your roommate are free to try to convince the court that you're so unhappy with the unit that you're never going to leave.
Quote Quoting Sara777
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We just paid for the place as landlord verbally explained us before signing the lease as a residential building and is written as a residential lease.
You have told us about a provision for a commercial lease. You have showed us nothing about a residential lease.
Quote Quoting Sara777
...if you even live in a hotel or motel for more than 30 days and pay for all charges you automatically have all the rights as a tenant.
That has no relevance. First, nobody is disputing that you're a tenant. Second, this isn't a hotel or motel
Quote Quoting Sara777
So, my question is that for any action by landlord such as locking out the rental or etc, does he need to have the court letter?
If you and your roommate don't vacate on time, I would expect your landlord to serve you with a pay-or-quit notice and, if you don't pay, to commence an eviction action against you. If your landlord tries to pursue commercial eviction remedies, you and your roommate can try to convince the court that you didn't look at the building, unit or lease before renting and believed yourselves to be renting a residential unit, but you may have difficulty with that given that you chose to continue to rent and occupy the unit for six months even when fully aware of the nature of the premises. It also sounds like you have nothing in writing that would suggest that you were renting a residential unit. Also, the biggest difference for commercial eviction is that the notice period is shorter, but notice isn't shortened on a 3-day pay-or-quit notice.