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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I own a construction business and I have an agreement with

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I own a construction business and I have an agreement with the owner that I will purchase his material from his supply company and the rent payment will be zero. This last month he has brougbt personal items to the location and has been allowing a relative cone into my place of business sometimes after hours. My belief is his relatives are on some kind if substance leaving me very uncomfortable with the situation. After letting the owner know I wished to relocate he told he to get off the property or he will take his equipment semis and forklifts and put all my scaffold and other equipment on the street. I will be miving but I have continued to purchase materials and operate from the location. I will be moving as soon as I find a location but what rights do I have? I do not want him or his relatives on the property. Can I charge him for cost of moving?

Hi, my name is XXXXX XXXXX I will do my best to help,

 

 

 

1. Do you have a written lease with this individual ?

 

2. How did his relatives get into your leased area ?

 

3. Did he give them a key to your leased area ?

 

 

 

Customer: replied 3 years ago.

There is no written lease or rent. I have been there for about 2 years under same agreement. The owner allowed him onto the property. The iwner believes he can do whatever he likes when he likes

Thank you for your reply, John,

 

A written lease is not necessary to assert your rights as Lessee and when the Lessor leases/rents the property to a Lessee, the Lessee has the exclusive right of possession during the lease term. "Exclusive right to possession" means that the Lessor gives up his right to possession during the term of the lease when Lessee is occupying the leased property. Since the Lessor gives up the right to possession during the lease term, the Lessor cannot come and go into the leased property during the term in which the Lessee is occupying the leased property. Neither can the Lessor allow any of his friends, relatives, or other Lessees to enter into the property occupied by the Lessee. The only exception to this rule is where an emergency exists and the Lessee is not there, then the Lessor can enter the property to do any emergency repairs, or bring in someone to perform these emergency repairs.

 

Since there was no written lease to tell you when the lease term had expired, you could vacate the property upon giving the Lessor 30 days written notice and the Lessor could ask you, the Lessee to vacate the leased property upon giving you 30 days written notice the Lessee 30 days written notice. However, because the Lessor came and went whenever he pleased and allowed his relatives enter your leased property after hours, the Lessor effectively took away your right of "exclusive possession" which I stated above, and by doing so, the Lessor "constructively evicted you". Because of this, you did not have to give the Lessor the 30 days written notice which I also discussed above. You can sue the Lessor for damages because he told you to leave immediately and you are entitled to be compensated for this inconvenience, but not necessarily for your moving expenses and the amount to be awarded to you as damages would be up to the Judge.

 

 

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Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

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