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  1. #1
    Join Date
    Jul 2014
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    22

    Default Are Co-Tenants Equally Bound by Their Lease

    My question involves landlord-tenant law in the State of: Oregon

    I lease a commercial shop with another person. It's like "roommates", but it's a shop, not an apartment. Both parties have signed the same lease with the building owner. (One lease, two names)

    Can anybody tell me if the rules in this lease apply equally to both parties?
    Example:
    Lease says the space cannot be abandoned for more than 7 consecutive days without notifying the property owner. If one party does not go to the building for two weeks, without first notifying the owner, can they be removed from the lease? The other party keeps occupancy of the building, so the lease is never broken with the owner.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Are Both Parties Equally Bound by the Lease

    Quote Quoting F357
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    My question involves landlord-tenant law in the State of: Oregon

    I lease a commercial shop with another person. It's like "roommates", but it's a shop, not an apartment. Both parties have signed the same lease with the building owner. (One lease, two names)

    Can anybody tell me if the rules in this lease apply equally to both parties?
    Example:
    Lease says the space cannot be abandoned for more than 7 consecutive days without notifying the property owner. If one party does not go to the building for two weeks, without first notifying the owner, can they be removed from the lease? The other party keeps occupancy of the building, so the lease is never broken with the owner.
    I cannot see any reason why that would be a violation of the lease.

  3. #3
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Are Both Parties Equally Bound by the Lease

    Quote Quoting F357
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    Example:
    Lease says the space cannot be abandoned for more than 7 consecutive days without notifying the property owner. If one party does not go to the building for two weeks, without first notifying the owner, can they be removed from the lease? The other party keeps occupancy of the building, so the lease is never broken with the owner.
    Between the two of you, you must uphold the lease, so for your example, the building was never abandoned for 7 days, therefore there was no need to notify the owner.

    What is your goal here, even if he violates the lease, it would be the Landlord's discretion as to whether you should be evicted, he would then have to evict both of you, he could then re rent the space to you, but that would again be at his discretion.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Are Both Parties Equally Bound by the Lease

    Quote Quoting F357
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    Lease says the space cannot be abandoned for more than 7 consecutive days without notifying the property owner. If one party does not go to the building for two weeks, without first notifying the owner, can they be removed from the lease?
    Removed by who?

  5. #5
    Join Date
    Jul 2014
    Posts
    22

    Default Re: Are Both Parties Equally Bound by the Lease

    Quote Quoting adjusterjack
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    Removed by who?
    Anybody.

    One party agreed not to abandon the premises for more than 7 days. They did. How is this not a violation of the lease? Didn't we agree that we BOTH have to be there? Are both parties not bound by the rules given in the lease?

  6. #6
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Are Both Parties Equally Bound by the Lease

    you and your shopmate are collectively "the tenant" either of your presence protects both of you if both of you were absent for 7 consecutive days you would both be in violation of the lease.

  7. #7
    Join Date
    Jul 2014
    Posts
    22

    Default Re: Are Both Parties Equally Bound by the Lease

    Fair enough.

    As long as I have permission from the owner, (he's already on my side) then I can probably break the lease and re-sign by myself, is that correct? Something like not pay rent for a day, make too much noise, etc?

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