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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16339
Experience:  15 yrs residential & commercial leasing experience.
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PLEASE ONLY ANSWER IF YOU ARE EXPERIENCED IN NORTH CAROLINA

Customer Question

PLEASE ONLY ANSWER IF YOU ARE EXPERIENCED IN NORTH CAROLINA COMMERCIAL LEASE LAW​
I am a restaurant tenet in a commercial space downtown Charlotte. I put over 50k in renovations into the building I leased.
I was on an accelerated 5 year lease. First 6 months 9k per month, then 14k
I gave a deposit of 28k May 8th of this year
I then paid August and Septembers rent. Sometimes in potions but never 30 days late.
In October the riots happened, which we nationally covered, and I fell behind. On or Around October 24th, I had not paid yet and was handed a hand typed Demand of rent in full which I voluntarily showed up to accept to show I wasn't trying to jerk him over.. We communicated as I sought funding to catch me up, In which time he told me even if I came up with the money I could not keep the space. The Hand typed document was the only document I'd ever been given, no notice from Sheriff etc.
He then told me all the electronics I have proof of purchase for, which I planned to liquidate to pay my partners (TVs, Ipod POS, Projectors) were his to keep to recoup the month of October.
By November 2nd he'd changed the locks and alarm code (still with no other documents or process other than the demand for rent letter) with my property still inside, and proceeded to show the business to on of my minority investors and enter into a lease with him!
Is this eviction legal, can he keep my stuff?
*There is a Force Majure clause in the contract mentioning acts of GOD floods etc, prior to the riots we were grossing 3k5-40k per month as a start up putting it back into the business. When the riots hit, A state of emergency was declared, along with a curfew, and that month (October) our gross dropped to 8k! It says if a FM occurs, that months rent is discharged and we are to resume on the next billing cycle as normal.
Do we have a recourse within that clause?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 5 months ago.

Hello there --

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I am in Massachusetts and have significant experience in commercial lease law but have not practiced in NC. Commercial lease situations are very similar in all states and it does not seem that we have a NC specialist for this here. Do you still want me to continue answering the question for you. MARY

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