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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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in the state of missouri, having a lease on a commerical warehouse, to store items for my client. my company and the landlord are the only ones listed on the contract. If I fail to make a month's rent payment, can the landlord contact my client, who is not listed on the contact to make the payment.
what action can be taken. |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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I'm not sure about commercial law in your state. Many states have *NO* laws that regulate commercial leases, only laws that regulate residential leases. In most places, the actual lease contract is the only "law" of what can and can't be done. Commercial leases are legally much different than residential ones and residential protections do not apply to commercial leases. For instance, in residential leases, I could never lock a tenant out of their unit if they failed to pay. But in commercial leases, it is a common clause to be able to do this. Many leases allow the LL to change the locks and store the inventory inside until paid.
If you have failed to make the rent payment on the unit for the month, you are in violation of the contract and may be subject to lock out of the unit. The LL may be able to contact the company that is in use of the unit (subleasing) to let them know that the rent has not been paid and that their items are subject to lien. In some states and leases, a LL can actually lock up and file a lien against the items in the unit if rent is not paid. The items can be forced to be sold and the LL repaid for the money owed. This usually happens to items left in stores if they go out of business. Smart owners sell off the remaining merchandise prior to leaving. If this were to happen to the client who is using the unit you rent for stoarage, he could then sue you for the loss of his items for violating the contract. If you have not paid rent on the unit, I see no problem with the LL contacting the subleaser who's items are being stored there to try to see that he is paid. At the least, they should know what could happen to their inventory. I suggest you pay the rent quickly. |
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