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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23820
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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WE ARE TENANTS IN A COMMERCIAL REAL ESTATE LOCATION. THE FORMER

Resolved Question:

WE ARE TENANTS IN A COMMERCIAL REAL ESTATE LOCATION. THE FORMER PROPERTY OWNER ALLOWED OUR LEASE TO EXPIRE AND KEPT US ON A VERBAL AGREEMENT BASIS, EVEN THOUGH OUR LEASE HAD OPTIONS FOR RENEWAL. SHE PASSED AWAY SUDDENLY. THE NEW OWNER-TO-BE MET WITH US ONCE DURING ESCROW AND MADE NO INDICATION (DESPITE OUR ASKING) THAT HE INTENDED FOR US TO RELOCATE. TODAY WE FIND OUT HIS ATTORNEY ISSUED A 30 DAY NOTICE TO VACATE THE DAY ESCROW CLOSED, MAY 12, 2013, BUT THE NOTICE WAS HAND DELIVERED TODAY, MAY 22, 2013. THE PROBLEM IS THAT RELOCATING OUR BUSINESS REQUIRES MORE THAN 30 DAYS (OR LESS THAN THAT) TO RELOCATE. WE NEED TO FIND A SUITABLE PLACE, GIVE PROPER NOTICE TO OUR CUSTOMERS (OVER 50% OF OUR BUSINESS IS UPS-BASED), UNINSTALL MACHINERY, REINSTALL, HAUL, ETC ETC. WHAT CAN WE DO LEGALLY TO EXTEND THIS TIME PERIOD? WE HAVE NO CONTACT INFORMATION BESIDES THE NEW OWNER'S ATTORNEY, BUT WE THOUGHT WE'D CHECK OUR LEGAL OPTIONS FIRST BEFORE CONTACTING HIM. THANK YOU.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am sorry to hear that you have been surprised by the new landlord this way.
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Although it is unfair and unethical for them to simply pull the rug out from under you, from a purely legal perspective, if a tenant is under a month to month lease, either party can terminate it with a 30 day notice.
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When your original lease expired and you became a month to month tenant, all the same terms and conditions in the original lease still apply, you are just month to month. So you might want to look in the original lease to see if there is any requirement for a longer notice period. If so, that applies and you can enforce it.
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If there is nothing in the lease giving you a longer period, then you will have to either negotiate a longer period with the landlord or force him to evict you after the notice expires. That will typically buy you about 3-4 extra weeks before he could physically have the sheriff evict.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Barrister, Attorney
Category: Legal
Satisfied Customers: 23820
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

HELLO AGAIN,


 


THANK YOU FOR YOUR PREVIOUS INFORMATION. IT WAS VERY HELPFUL. UPDATE: WE NEGOTIATED A TIME EXTENSION AND MOVED OUT BY AUGUST 5, 2013. WE HAVE RECEIVED A LETTER VIA CERTIFIED MAIL THAT THE NEW PROPERTY OWNER WILL BE APPLYING OUR ENTIRE SECURITY DEPOSIT IN THE AMOUNT OF $4,300.00 TOWARDS REPAIRS OF THE UNIT.


 


THREE QUESTIONS: ONE, OUR EXPIRED LEASE STATES THAT WE RECEIVED A BUILDING IN "FIRST CLASS CONDITION," AND IT WAS OUR RESPONSIBILITY TO MAINTAIN IT THAT WAY. THIS IS TRUE PER THE LEASE, BUT THE KICKER IS THAT WE DID NOT RECEIVE THE BUILDING IN "FIRST CLASS CONDITION" AS THE LEASE STATES. THIS IS BECAUSE WE IMMEDIATELY ESTABLISHED RAPPORT WITH THE PREVIOUS, NOW DECEASED LANDOWNER, AND, FOR EXAMPLE, AS SHE COMPLAINED ABOUT THE THEFT OF THE COPPER TUBING FROM THE HVAC UNITS, WE VERBALLY STATED SHE DID NOT HAVE TO MAKE THAT EXPENDITURE ON OUR ACCOUNT, AND SO THE HVAC UNITS NEVER WORKED IN TWELVE YEARS. ADDITIONALLY, AS SHE WAS ABOUT TO REPLACE THE FLOORING, WE STOPPED HER STATING THAT WE WOULD BE PERFORMING REPAIRS DUE TO THE NATURE OF OUR BUSINESS, AND NO NEW FLOORING WOULD BE NECESSARY. THE ACRYLIC LIGHT PANELS WERE NEVER INSTALLED FOR THE SAME REASONS, AND THE PANELS THEMSELVES WERE LEFT IN A CLOSET FOR INSTALLATION (THEY ARE SIMPLY DROPPED OVER THE ALUMINUM LAMP FRAMES). FORWARD TO 2013. THE NEW PROPERTY OWNER IS STICKING TO THE ORIGINAL LEASE AND DEMANDING WE BE RESPONSIBLE FOR THE REPAIR/MAINTENANCE OF THE HVAC, THE FLOORING, AND HE FORWARDS BILL COPIES ALONG WITH HIS CERTIFIED MAIL LETTER. IN ADDITION, HE FORWARDS A BILL FROM A HANDYMAN IN WHICH THE HANDYMAN QUOTES, IN OUR OPINION, ABSURD AMOUNTS FOR UNNECESSARY WORK PERFORMED, EG, THE ACRYLIC LIGHT PANELS, ALL 28 OF THEM, WERE REPLACED, PER THE INVOICE, TO THE TUNE OF $100.00 A PIECE. AGAIN, THE ORIGINAL PANELS WERE THERE, AND SECOND, EVEN IF THEY HAD TO BE REPLACED, HOMEDEPOT.COM LISTS THE SAME PANELS FOR $9.76 FOR ONE MATERIAL AND $6.97 FOR ANOTHER MATERIAL. SECOND, THE HANDYMAN IS CHARGING $500.00 TO INSTALL TWO DOORS WHICH WERE ALSO THERE AND COULD HAVE BEEN REPLACED ON THEIR HINGES IN ABOUT 5 MINUTES (THESE DOORS WERE ALSO NEVER INSTALLED SINCE WE MOVED IN).


 


ALL THIS LEADS TO QUESTION TWO: CAN WE DISPUTE THE AMOUNT THE NEW PROPERTY OWNER IS CHARGING? THE CHARGES IN OUR OPINION SEEM SO PATENTLY ABSURD, AND THEY COME IN THE FORM OF A HANDYMAN'S SCRIBBLED NOTE, THAT IT AUTOMATICALLY BEGS THE QUESTION AS TO ITS LEGITIMACY. CAN THESE BE DISPUTED?


 


QUESTION THREE: IN DISCUSSING THE ABOVE WITH THE PREVIOUS OWNER'S BROTHER, WHO ALSO BECAME THE ESTATE ADMINISTRATOR AND THE ONE WHO SOLD THE PROPERTY, HE STATES THAT BOTH HE AND THE NEW PROPERTY OWNER SIGNED A "CONTINGENCY REMOVAL" IN WHICH OUR PROPERTY IS LISTED, AND IT EXPRESSLY STATES "BUYER REMOVES CONTINGENCIES AND ASSUMES ALL LIABILITY, RESPONSIBILITY, AND EXPENSE, IF ANY, FOR REPAIRS, CORRECTIONS, OR FOR THE INABILITY TO MAINTAIN FINANCING" AND FURTHER STATES "BUYER HEREBY REMOVES ANY AND ALL BUYER CONTINGENCIES" SIGNED BY THE NEW PROPERTY OWNER. THE OLD PROPERTY OWNER'S BROTHER HAS FORWARDED US A COPY OF THE REMOVAL, FROM WHICH I HAVE JUST QUOTED. CAN THIS DOCUMENT BE USED TO ASK FOR OUR DEPOSIT BACK?


 


TO SUM, WE HAVE NO WITNESSES TO THE VERBAL AGREEMENTS WE HAD WITH THE DECEASED PROPERTY OWNER. WHAT WE QUESTION IS THE REPAIR CHARGES AND THE POSSIBILITY THAT THE CONTINGENCY REMOVAL NOTICE MAY APPLY TO US.


 


ANY ASSISTANCE IN THIS REGARD IS GREATLY APPRECIATED.


 


THANK YOU.


 

Expert:  Barrister replied 1 year ago.

I'm happy to answer any follow up questions you may have that pertain to your original question. However, If you have a new, unrelated question, JustAnswer does require you to start a new question page, but you can request me, if you wish. This ensures that you'll have an accurate customer ratio on the site, and it helps us to give the best possible answers to your questions.

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Thanks

Barrister

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