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How to evict commercial tenant with no lease?

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Old Jul 15th, 2008, 08:04 AM     #1
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Confused How to evict commercial tenant with no lease?

I have a friend here in NJwho I helped get started in business by allowing him to use my commercial space by partnering with me in his business. He was to give me a percentage of the profits and pay a reduced rent. No lease was put in place although a partnership agreement states this. It also states he has no claims to anything to do with the property or any rights in any other direction that would allow him to be on the property. Now two years later he has never paid rent and he started another business with his Dad along the way so the business I have with him makes no money. I have had to pay utility bills on several occations as well to protect my name. I told him back in March he had to sign a lease and start paying rent. I then gave him a lease because he kept putting me off. He has drug me along with excuses and one thing after another. Still no lease in place and he is trying to make it sound like I am unreasonable. THe rent I asked for is below value and I was not even asking for triple net. Nothing I initiate gets any response and I feel he is just wasting my time until he finds another space and gets out.l Meanwhile I keep turning down valuable tenants as this property is a desireable location. I just want him out at this point. What legal process needs to be followed in light of having no lease.
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Old Jul 15th, 2008, 10:18 AM     #2
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Default Re: How to evict commercial tenant with no lease?

You should consult an attorney. Seems to me that you are a partner in this business, and should be able to liquidate the assets of your joint business to pay the bills which are due (utilities, rent, etc.) Ask an attorney on how yu can do this.

And never allow anyone into a commercial space without a written and signed lease that gives you the right to do a lockout if they default. Few states have commercial LL-Tenant laws, so whatever is in the lease is what goes.
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Old Jul 15th, 2008, 09:14 PM     #3
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Default Re: How to evict commercial tenant with no lease?

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Originally Posted by Unregistered View Post

You should consult an attorney. Seems to me that you are a partner in this business, and should be able to liquidate the assets of your joint business to pay the bills which are due (utilities, rent, etc.) Ask an attorney on how yu can do this.

And never allow anyone into a commercial space without a written and signed lease that gives you the right to do a lockout if they default. Few states have commercial LL-Tenant laws, so whatever is in the lease is what goes.

Thank you!
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