Page 3 of 3 FirstFirst 1 2 3
Results 21 to 26 of 26
  1. #21
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Can a Tenant Do If Locked Out of a Building

    If you're a tenant, you're a tenant even if you find three billion documents authorizing you to commence your tenancy and construct a building.

  2. #22
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Can a Tenant Do If Locked Out of a Building

    Quote Quoting epic
    View Post
    In person to our board by town council Pres. He said it was voted on by the council that we should remove our non-profit function. We wanted something in writing directed to us -- They sent a letter stating the council wants us gone. (that's the jist) They gave us to the end of the year.
    OK, so you did get written notice that your tenancy is terminated the end of 2015. That's a lot more notice than the one month that's required by law.

    Quote Quoting epic
    View Post
    Yes we're getting documents we have around and researching records we can find like council minutes - land deeds, building permits, etc.
    Good luck with that. I don't think any of those documents will change the fact that your organization is a tenant at will.

    Quote Quoting epic
    View Post
    I agree that newspaper accounts aren't official -- but a person would think that they would show the intent or what a reasonable person could surmise about what was going on. Plus, I would think that minutes or documents letters (I have direct knowledge) where the city agreed that the non-profit could expand their building and council supported the application for a grant to do so would be of some importance to show the towns intent that this non-profit continue its function in that same location.
    Believe all that if you like, but it's not going to change reality.

  3. #23
    Join Date
    May 2011
    Posts
    104

    Default Re: What Can a Tenant Do If Locked Out of a Building

    So unlike maybe small claims court where there is a prepondence (sp) of evidence might sway something - the group has no rights.
    Are there examples of court cases?

  4. #24
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Can a Tenant Do If Locked Out of a Building

    Quote Quoting epic
    View Post
    So unlike maybe small claims court where there is a prepondence (sp) of evidence might sway something - the group has no rights.
    Are there examples of court cases?
    Well, you couldn't use small claims court to seek an injunction against the town, you'd have to refuse to move when the end of the year comes around and then wait until the town filed for eviction through the courts. Then you could raise a defense and see how it goes.

    If you wanted to litigate it now you would have to sue in regular court and seek a declaratory judgment that you have some right to stay in the property indefinitely. You're going to need a lawyer for that and that'll cost you a bundle and you aren't likely to win it.

    I suggest you seek out the advise of an attorney.

    I think the debate here has run its course.

  5. #25
    Join Date
    May 2011
    Posts
    104

    Default Re: What Can a Tenant Do If Locked Out of a Building

    Yes, I agree the discussion has been complete and thorough, it gives me ideas to present to the group and whether to wait until the end for the town to file the eviction notice through the courts (which will cost them money) and then we raise a defense. Yes, we plan to contact an attorney... but this gives us some realistic ideas and options to prepare for when we find an attorney. Thank you

  6. #26
    Join Date
    May 2011
    Posts
    104

    Default Re: What Can a Tenant Do If Locked Out of a Building

    UPDATE: We have researched minutes of the council meetings which show a proposal to lease the land and us building the building, council approved and sent to their attorney. We personally have a carbon copy of the letter which states we renew at our previlge and shows what our responsibilities are. There seems to be no copy of the proposal for lease of the land in Council records, but it's referred to in their minutes. After the council meeting date April there is no reference to this issue (at least through Dec of that year). I was told by the clerk that any closed session minutes before 1995 were voted by the Council to keep them closed. If pertinent discussions they're not available.
    Our lawyer before we found the minutes - felt we had a case of (I think he called it easement by estoppel)
    We haven't gotten to speak with him yet in regard to the Council minutes. It appears like it will go to court.

    1. Sponsored Links
       

Page 3 of 3 FirstFirst 1 2 3

Similar Threads

  1. Moving Out: Tenant Has Died but My Property is Still Inside the Building
    By somekindofaction in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 12-11-2013, 05:27 PM
  2. Tenant Claims to Own Leased Building
    By Cardiac Flyer in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 10-23-2010, 08:16 AM
  3. Eviction Process: Commercial Building Tenant Issues
    By bayarea1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-25-2009, 01:54 PM
  4. Rental Agreements: Tenant's Responsibilities After Foreclosure of a Commerical Building
    By flicksandlicks in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-26-2009, 07:39 PM
  5. Eviction Process: Commercial Tenant Locked Out in California
    By companyman in forum Landlord-Tenant Law
    Replies: 14
    Last Post: 09-22-2007, 11:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources