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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88437
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Type your qSomeone wants to rent my home under his business

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Type your qSomeone wants to rent my home under his business name (for tax purposes) and use it as a home office. Also his “secretary” will live there full time while running his company/office out of the house. He wants to put his company’s name on the lease only. My question is – If something happens how hard will it be to evict the “secretary” if her name isn’t on the lease? Should I get her name on the lease also? Currently I have a residential lease written out and don’t know anything about a corporate lease. Should I have him fill out a corporate lease? Thank you!uestion here.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you allow them to put their company name only on the lease, then you would have to file to evict the company itself, which would mean that the secretary and everything belonging to the company would have to be evicted. The problem is liability for the payments in the event of non-payment, since if the company name is XXXXX XXXXX the lease, you could not sue him personally for rent payments. While you might not put her name specifically on the lease, your lease should be written to state that any employees who might live on the premises are also governed by the terms of the lease and upon termination of the lease they would be considered part of the company and would have to vacate the premises or face eviction.

You would indeed want to use a commercial lease, since in LA, a commercial lease gives you the right to lock out occupants of the commercial premises and seize the contents of the property unlike a residential lease. In your lease you need to specify that while their employee may stay on the premises the purpose of the lease is commercial and that they agree that the landlord is allowed to lock them out for non-payment or breach of the lease and may seize any contents of the property as well.

I strongly urge you to sit with a local real estate attorney because what they are asking is not a standard commercial lease proposition and it will have to be modified based on the living condition of the secretary and I would also suggest making the owner sign a personal guarantee on the lease even though it is in the name of the company.



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Customer: replied 1 year ago.

What is average price to sit down with real estate attorney and write up commercial lease?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Generally, $250 and up, depending on the complexity of the terms would be the average cost to draw up a commercial lease. If you were confident and familiar with commercial leases (which you indicated above you were not) you could likely get away with modifying one of your standard commercial leases and inserting clauses to fit the terms of this unusual circumstance, but I would not suggest it in this case as something sounds funny about what this person is trying to do, especially with his "secretary" living there.
Customer: replied 1 year ago.

Could I find a good commercial lease somewhere online and use?

Expert:  Law Educator, Esq. replied 1 year ago.
They do have many commercial leases out there, but very few for Louisiana which is the biggest issue. Here is one you can use and try to modify on your own: http://www.formblitz.com/downloads/contracts/leases/leases-louisiana/louisiana-commercial-lease-agreement.html
Customer: replied 1 year ago.

I think his secretary is his girlfriend. He sais he is seperated and she did work for him at his home office. I just don't want to be stuck without being able to evict them if something happens. Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
It is somewhat easier to evict under commercial leases as they do not follow the residential landlord/tenant law and you can lock them out, but you need to make sure your lease spells everything out clearly to make it easier for you.
Customer: replied 1 year ago.

If his company misses payment can I evict and lock him out after 30 days?

Expert:  Law Educator, Esq. replied 1 year ago.
If they miss payment you can begin eviction after 3 days and you give them notice and if they do not pay in 3 days you can lock them out and proceed to court to evict officially.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88437
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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