How to evict commercial tenant with no lease?

This is a discussion on How to evict commercial tenant with no lease? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have a friend here in NJwho I helped get started in business by allowing him to use my commercial ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 15th, 2008, 08:04 AM   #1
Junior Member
 

inquisitive's Avatar
 
Join Date: Jul 2008
Posts: 11

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.
Thank you.
inquisitive is offline   Reply With Quote
Old Jul 15th, 2008, 10:18 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

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.
  Reply With Quote
Old Jul 15th, 2008, 09:14 PM   #3
Junior Member
 

inquisitive's Avatar
 
Join Date: Jul 2008
Posts: 11

Default Re: How to evict commercial tenant with no lease?

Quote:
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!
inquisitive is offline   Reply With Quote
Reply

Bookmark & Share

This thread has 2 replies and has been viewed 1680 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Commercial Property Tenant Unregistered Landlord vs Tenant Issues 3 May 22nd, 2009 02:59 AM
Commercial Property Tenant Unregistered Landlord vs Tenant Issues 1 May 15th, 2009 08:47 AM
Massachusetts LL/tenant commercial leases paulfr Business Contracts & Partnerships 0 Jan 22nd, 2009 08:39 AM
Commercial Tenant Eviction TracyW Landlord vs Tenant Issues 1 Dec 30th, 2008 10:05 AM
Commercial Lease with no written lease agreement Unregistered Landlord vs Tenant Issues 1 Feb 10th, 2008 11:31 PM




All times are GMT -5. The time now is 09:50 AM.