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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33760
Experience:  Attorney for over 15 years, landlord 26 years
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I rent an office in an office building with 2 other people.

Customer Question

Hi - I rent an office in an office building with 2 other people. There was a woman who originally rented the office and she asked me and another woman Jane to share the office and split expenses. She left a year ago and I have taken the responsibility of collecting the rent, getting new tenants and bought all the furniture from her. If someone leaves the office I am responsible for paying that rent until someone replaces that person.
I have a tenant who is causing me problems and I have tried to work it out but it is difficult so i am planning on giving her 30 days notice. But there are no leases and nothing is in writing. She is telling me she won't leave.Can I give her 30 days notice and then change the locks? Thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can I give her 30 days notice and then change the locks?

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Yes and no. If you took over the tenancy from the original tenant then you are a subtenant and anyone you rented to is a sub subtenant with you being their landlord. So if there are no written leases, your tenants are month to month under an oral tenancy agreement.

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So you can give them a written 30 day notice to vacate but then would have to pursue a formal legal eviction through the courts if they don't vacate within that 30 days. You can't lock them out without a written lease that has that as a specific "lock out clause" or you would be guilty of an illegal eviction and they could end up suing you for breach.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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