Hello, I have a small medical office in Boston and have a subtenant who rents a room from me. It's not working out, as he's a "difficult" person to deal with and so I would like to terminate the lease. I had set up the sublease agreement as "month to month" which states the the subtenant or tenant could terminate the agreement if they give the other person 90 days notice. I just wanted to make sure I don't do anything incorrect, and to make sure I could terminate the lease in that way. I didn't know if I needed to do it in writing, or what I needed to say (a friend told me not to give a reason, just that I'm "terminating the lease"). I'm worried about him retaliating in some way as he has anger management issues.
Just talked to a few friends. I contacted my accountant who is a also a lawyer, but he said it isn't the type of thing his practice does...
Hi and thanks for your question.
You may properly terminate this agreement in accordance with the written terms - by giving 90 days notice.
I would recommend terminating in writing, and I agree with the advice to state no reason.
Since it is a month to month tenancy, you have the right to cancel at any time for any reason, as long as you give the 90 day notice.
So, I would simply put in writing that you are terminating as of ______ date pursuant to the terms of the written agreement.
I would recommend something like this:
Okay, that seems easy. I was a little nervous since there's a bit of "bad blood" right now.
Pursuant to paragraph ____ of the sublease between us dated _______, Landlord hereby gives notice that this sublease is terminated effective as of _______.
I understand - that always makes it more difficult.
And you may be right, he may get angry, but legally he has no grounds to do anything about it.
If you are worried about some sort of retaliation you might want to have someone keeping an eye on the office when you are not physically there.
Can he try to sue me saying I'm retaliating against the crazy things he's been doing? I suppose by not giving a reason that makes it best.
For what you wrote, "tat this sublease is terminated effective as of ____ (is that the date of the 90 days, or of today's date?)
That would be 90 days from the date you give the notice.
Okay, great. That all seems pretty straight forward.
It's very straightforward.
Legally, you do not have anything to worry about as you are on solid ground.
It sounds like you might have other issues of concern however, that aren't legal in nature - such as the worry of him taking some sort of action out of anger.
I guess I'm just worried because it all started when he broke into the building's electrical closet when we blew a fuse and they are making us pay for the damages. He said he would pay, but now is not going to. Which I said fine and paid the expense myself, but now I just want him out.
But since it seems like I can just terminate the lease with the 90 days, then that seems like it should work.
Yes, that is definitely the case. In most states, for a commercial lease (as opposed to a residential one) if the tenant does not move when told to do so you are permitted to lock them out without court action, so long as you do not "disturb the peace" in doing so.
Great, that seems pretty good. I think you answered my question. Thank you!
You are very welcome.
18 years of experience helping clients with landlord tenant issues.
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