How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MShore Law Your Own Question

MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Type Your Business Law Question Here...
MShore Law is online now
A new question is answered every 9 seconds

i bought a business from a tenant of a certain business. the

Resolved Question:

i bought a business from a tenant of a certain business. the landlord agreed to the arrangement and asked the tenant to cancel his lease. we then entered a verbal lease with the landlord for the occupation of the property. after a month the landlord wanted to increase rent and we entered into negotiations. we did not agree because the landlord wanted to increase the rent by 100%. the landlord now wants to evict me.
he claims that :
1. he does not know me and doesn't recognize me as his tenant
2. that since we did not agree on the rentals there is no lease between us
3. that he still recognizes the old tenant as the tenant despite the fact that the old tenant cancelled his lease in writing .

what are my rights?
Submitted: 1 year ago.
Category: Business Law
Expert:  MShore Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. Is there any thing in writing establishing your right to occupy the property as a tenant?
Customer: replied 1 year ago.

there is nothing in writing. it was all a verbal agreement, my only witnesses are the previous tenant from whom i bought the business and one of his employees who was present when we were discussing

Expert:  MShore Law replied 1 year ago.
Thank you Biggie, as a business owner, I gather that you value an honeyyt and candor, and certainly do not want me to mislead you or sugarcoat the law to tell you what you want to hear. Indeed, I would be doing you a disservice to mislead you and trust that you will not rate me negatively for telling you the truth. Have you paid any sum in rent for the month you have occupied the property?
Customer: replied 1 year ago.

i have paid rent for two months. the landlord now refuses to accept rent for the third month and is trying to suggest that he thought the rentals for those two months were coming from the old tenant

Expert:  MShore Law replied 1 year ago.
The landlord's belief is unjustified as a matter of law, you are now a month to month tenant as you have established a tenancy in the property and the periodic nature of your tenancy marked by your rent payment dates. If the landlord did not want to recognize you as a tenant, the landlord should have refused your lease paymetns and requested that the former tenant issue the payments or issue a statement that you were the former tenant's agent. As a month to month tenant, you have the right to occupy the property during the period of your lease (i.e. for each month that you pay rent). However, either party can terminate the month to month tenancy upon 30 days' advance notice if intent not to renew. Do you know how strong the commercial leasing sector is in the area where the property is located? I ask because I am trying to determine how much leverage you have with the landlord.
Customer: replied 1 year ago.

In my area the commercial leasing sector is very strong. its almost impossible to get a commercial property to rent. if i loose on this one it might take me forever to get another place

Expert:  MShore Law replied 1 year ago.
Thank you Biggie, you are in an unforutnate situation then as the landlord has all of the leverage. A written lease was never executed, therefore your rights in the property are limited to the ability to remain through each monthly lease term (i.e. month to month lease, renewed each time the landlord accepts your monthly rental payment). Is there any evidence at all which sugests that the landlord agreed or at least represented he would agree to lease the property to you under the same terms as the former tenant?
Customer: replied 1 year ago.

thank you for responding fast today. yes he gave a quote on the renovations that were to be effected on the property. his quote was $50000 but i believe i will have to spend more. i agreed to do the renovations though i have not yet started because he later stopped me.. i believe such renovations cannot be justified by a month's lease and i belived he wanted to give me a very long lease. he then gave me a draft lease during the second month that had a 1 year renewable lease but i never signed it since i did not agree on the rentals he was now requesting.

Expert:  MShore Law replied 1 year ago.
Thank you Biggie, presenting the lease is evidence of an intent to establish a tenancy per the terms of that lease, but because it was never signed, as you know, it is not binding. Did you present a counter proposal (modified lease) for the landlord's consideration?
Customer: replied 1 year ago.

unfortunately i never presented him with the counter proposal

Expert:  MShore Law replied 1 year ago.
ok, your recourse in this situation is to negotiate a resolution with the landlord, the landlord however has all of the leverage as there is a month to month tenancy established and no binding committment on the part of either party to continue the lease beyond the next month. I'm really sorry, I wish the answer was different, but just as the landlord cannot force you to remain in the property if you wanted to leave, you cannot force the landlord to continue leasing to you unless and until you all agree upon lease terms. Please let me know if this does not answer your question of what rights you have, or if you have any follow up questions. If I have answered your questions please positively rate my answers.
Customer: replied 1 year ago.

cant i be said to be having an oral lease. with my two witnesses is it going to be difficult to prove it. would it make any difference if i send to him my counter proposal now

Expert:  MShore Law replied 1 year ago.
You can claim an oral lease, but as a practical matter all the landlord has to do is deny ever agreeing to the specific terms of such an oral lease, and you could not prove that he did agree to specific terms. With respect to your rights to continue to lease the property, no, sending a counter proposal now would not establish any right to continue to remain there beyond the period you have paid for, but you should send the counter as soon as possible to commence negotiations for a lease of greater duration than one month.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and 9 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions