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  1. #1
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Commercial Lease Eviction - Can a Landlord Continue to Run the Business

    Quote Quoting Mr. Knowitall
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    What provision in the lease do you believe would give the landlord any right to the name of the business?

    If you're stating that you know that various items of property on the premises belong to third parties, that the tenant has no claim to them, and that your lease gives you no security interest in them, then they still belong to the third parties. What proof of ownership has been requested and/or offered?
    The tenant is doing business as "XYZ".
    As far as I know, the tenant does not own the XYZ name nor has it been registered as XYZ Co., etc.
    Basically, John Doe, LLC, doing business as XYZ, but no legal entity as XYZ is in any way associated with tenant. Does this make any difference?

    Also requested proof and been offered an affidavit. Have no problem returning said items once proof of ownership (this affidavit) is furnished.
    Is there a particular form of proof that should be asked for?

    Should any other action (such as writ of execution) be taken to further secure the items or is it ok to just continue running the business (even under different name) without any further action?

    What happens if after couple of months the tenant comes back with the money to satisfy rent due, would the items have to be returned then?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Commercial Lease Eviction - Can a Landlord Continue to Run the Business

    Quote Quoting el2el
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    The tenant is doing business as "XYZ".
    As far as I know, the tenant does not own the XYZ name nor has it been registered as XYZ Co., etc.
    Basically, John Doe, LLC, doing business as XYZ, but no legal entity as XYZ is in any way associated with tenant. Does this make any difference?

    Also requested proof and been offered an affidavit. Have no problem returning said items once proof of ownership (this affidavit) is furnished.
    Is there a particular form of proof that should be asked for?

    Should any other action (such as writ of execution) be taken to further secure the items or is it ok to just continue running the business (even under different name) without any further action?

    What happens if after couple of months the tenant comes back with the money to satisfy rent due, would the items have to be returned then?
    From a practical as well as legal standpoint, NEVER use someone else's DBA would be the rule.

    I have purchased businesses from others, including the right to the DBA, but even so, my attorney advised me NOT to use the exact same DBA for liability reasons, particulary if the seller is in financial distress. The reason is someone can wind up suing ME for something someone else has done, or what someone else owes, like back taxes. I was advised if the DBA has some appeal, make a variation of it, and use that variation.

    I would conclude someone WANTING to use the DBA is remote, particularly if they consulted an attorney, who would advise against it.

    As to items belonging to the tenant personally, or others, I would be a good sport and return it. And if the tenant comes up with all the rent due, you certainly should return it all.

    As I mentioned, my dad had evicted more than one commercial tenant through the years. It is a truamatic for the tenants, and why make things even more miserable holding on to their personal belongings and others. The whole idea is to rerent the place quickly to someone with a more viable business.

    Remember, it's only business, and often, it just doesn't work out. And also, my dad has learned as a commercial LL, he has to make a judgment in many cases if a business sounds viable for the location.

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