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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15949
Experience:  Licensed Texas General Practice Attorney
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Ive struck a verbal agreement with a local business owner

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I've struck a verbal agreement with a local business owner to lease space on a month to month basis. We have just finished or first full month of the lease. The owner is already threatening to evict our business from the space without cause.

What rights does the business have? He asked me to prepare a commercial lease agreement, but we haven't done so.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. In a month to month lease, the landlord specifically has the right to evict at any time without cause (so long as the reason is not illegally discriminatory, based upon race, age, religion, gender, or disability). Now it's possible that any expense that you paid in reliance of a promise that the lease would be at least a certain period of time could be recoverd in a "pseudo contract" theory, but under a month to month lease, by definition, either party can terminate the lease for any reason.

ScottyMacEsq :

A written lease would give you more rights, in that there would have to be good cause to do so (such as nonpayment of rent) before the expiration of a lease. But absent that, a month to month lease can be terminated at any time for almost any reason (except those above), even after the first month.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you for the great information. I do have a piece of paper that the owner wrote up that says, "Rental Agreement with Tad" and it lists out 12 months of scheduled rent. Would this give me any leverage to prevent the owner from evicting my business?

ScottyMacEsq :

Is it signed by the landlord, and specifically states that you have the right to 12 months in exchange for you spending a certain amount each month on the rent?

Customer:

Nothing is signed, but it is his handwriting and has the schedule of payments.

ScottyMacEsq :

in the absence of anything else in writing, that could be used to argue that you had such an agreement. However, I would suggest that you have something else more specific in writing, signed by him, that specifically lays out the obligations of both sides.

ScottyMacEsq :

The writing would help to identify an oral agreement, but a signature goes a lot further.

Customer:

What would you charge to draft an agreement?

ScottyMacEsq :

I would charge clients around $250 to draft such an agreement (I say "around" because it depends on the specifics of the agreement, what the parties want, how many rounds of negotiation, etc...) But I cannot personally do this for you, as that would constitute legal representation, which we are strictly prohibited from doing per the terms of service of this site.

ScottyMacEsq :

I can only answer questions (hence the name).

ScottyMacEsq :

Now you can find some forms online, at sites such as www.uslegalforms.com.

ScottyMacEsq :

These are predrafted forms that would likely meet your needs, and they're a lot cheaper.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response or rating...

ScottyMacEsq :

Hello?

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

Sorry, I had to take a break. Thank you. You did a great job answering my questions.

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