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JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11331
Experience:  Experienced in business formation and licensing issues
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So i have a business that has been doing business for last

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So i have a business that has been doing business for last 8 years as gas station. the property is on lease and recently i received a letter from the property owner saying that i have been default for not making payment on time and he wants me to give him the possession of the gas station in 30 days. yes i have been late on payments but that is due to the economy imbalance. i have lost some of my cash power to rotate the business cycle from week to week operation due to the loss in sale, but in contrary i have never missed a payment its been late but always have made the payment. i also do understand that it his real estate property but i have built the business inside the real estate... what i believe he is doing id since he got a right over the property he just taking advantage of my situation and want to sell his property including my business so he can cash in for my business money with the property
Hello,

I am a professional here to assist you. I appreciate your use of this service. I see you are not timely making your commercial lease payments and are in default. Are you asking about the rights of the property owner as to evicting you? Do you have a written lease?

Thank you
Customer: replied 3 years ago.

yes that is kind of what i m asking also i do have a written lease which expired 2 years ago but in the good faith we were still making payments as we were before and have talk to the owner few time to renew it but owner kept on delaying it

A commercial tenant's rights are controlled by the language in the written lease. If a commercial tenant is late paying rent, they can face eviction. It is a defense if the landlord later accepts that rent. Whether that late acceptance would prevent an eviction depends on the language in the lease. Normally, if a commercial tenant is late, they can be evicted and even locked out without a formal eviction. There are no contingencies for the economy or status of the business. The key here is the written lease including whether an owner may deny a renewal.

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Customer: replied 3 years ago.

what are my some option to fight back

The options for a defense depend on your lease. Those include, potentially, that rent was accepted and that this waived the right to evict based on late rent. The other option to consider is whether the landlord failed to meet any of their obligations under the lease. If so, that may forgive your obligations under the lease. A breach by one party typically relieves the other party of their obligations under a lease.

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