WORLD Law Direct Forums  



Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Landlord vs Tenant Issues
REGISTER FAQ Calendar SEARCH Today's Posts MARK FORUMS READ
Personal Lawyer Legal Forms Forum Archive

Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button AddThis Social Bookmark Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 02-10-2008, 09:55 PM     #1
Unregistered
 
Posts: n/a
Default Commercial Lease with no written lease agreement

My friend's business is on a piece of property that she leases but she has no written lease agreement. It is rumored that someone else has purchased or is very close to purchasing this property. My friend was promised that she would be first to purchase if the property ever came up for sale. She keeps questioning her landlord but he insist that it isn't true. Environmental people have been on the property doing test and the people that are rumored to have bought it were on the property 6 weeks back and they said they were closing in 2 weeks. Still, the landlord insists it is not true. My friend has spent $50,000 of her own money to make the property suitable for her business. She is afraid the new landlord is going to kick her off with 30 days notice and it would take her much more time and money to find a suitable location for her business. What are her rights given that she doesn't have a written lease? Can she insist that the landlord give her the money back that she put into the property?
  Reply With Quote
Old 02-11-2008, 12:31 AM     #2
Top Level Member
 
Last Online:
07-23-2008 11:34 AM
Join Date: Jul 2007
Location: southern OH
Posts: 579
Default Re: Commercial Lease with no written lease agreement

Commercial property laws are much different than residential LL-Tenant laws, *IF* there are any laws that cover this at all. Many states have *NO* laws that cover commerial rentals. Check your state law for any laws that apply to commercial property. If there are none, your friend has no protection whatsoever. Without any lease, there is nothing to say she has the right to buy the property first. There is nothing to say the LL can't sell the property to whomever she pleases, or to allow your friend to stay in the property if it is sold. The new LL can give her 30 days to vacate the premises.

If there is no agreement, there is no guarantee that she would get any of the improvements back that she has made to the property. She *may* have the right to remove the improvements and leave the property as it was when she rented it. She may be able to restore it to it's original condition (usually in commercial leases this is a normal clause). However, with no lease, the owner may *require* she leave any improvements at the property. (This is normal in residential leases.) I suggest she try to negotiate a lease with the owner now. If the owner doesn't want to write one, she might consider starting to look for a new place.
OHlandlord is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
CA LL Breaking Lease - Written notice? janasmama Landlord vs Tenant Issues 3 08-16-2008 09:07 PM
How to evict commercial tenant with no lease? inquisitive Landlord vs Tenant Issues 2 07-15-2008 10:14 PM
Written Vs Typed Lease Contract Langauge Unregistered Landlord vs Tenant Issues 4 05-13-2008 12:15 AM
Commercial Lease expiration Doug McCormick Business Contracts & Partnerships 1 01-14-2008 11:13 AM
Commercial Lease - Leasehold Improvements Unregistered Business Contracts & Partnerships 1 06-29-2007 11:54 AM


All times are GMT -4. The time now is 07:15 AM.


Top crime attorneys

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct. Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.