Hi, I operate a retail business selling solely Watches in a shopping mall, and have a temporary lease until October 2012, I was just verbally noticed today that I will have to move out of this spot by January 2nd, due to a permanent store coming in. Is this legal for them to kick me out without giving me first option for permanent lease and also notifying me of this under 30 days of the move out date? What can I do and what are my options, I ordered more inventory for Christmas (watches) based on the fact that if they won't sell in Christmas, I can sell them after Christmas, and now I have bills racked up with my Vendors and I won't have a store after December.
State/Country relating to question: Oklahoma
Just got notified today, so nothing so far
If you have a temporary lease until October 2012 and it does not have a clause providing for early termination they cannot force you out until that date. As far as a right to first refuse the permanent lease, if that is not stated in your temporary lease, they do not have to renew the lease after October 2012. They cannot just remove you from the premises before the end of your lease unless your lease actually says they can.
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I read over the temporary lease agreement and it was hard for me to find anywhere in that contract where it stated anything about the lincensor revoking the lincensee's lease just because they could based on nothing. I did find something that said how the Lincensor can revoke the licensee's lease if the lincensee did not meet the all the provisions (guidelines). As far as I know, I have done everything right, always paid my rent, never did anything against their "rules". Please let me know if I am eligible to be able to file a lawsuit against them regarding this issue especially since they haven't given me any written notice, and also is there any law that states that the tenant has to be given at least a 30 days or more notice before their lease can be revoked? If so then I may have a case. Thanks again for the diligent response.
If you are meeting all of the provisions, then you have a right to enforce the lease and they cannot just terminate your lease for no cause. Notice is a different requirement, but you have a contractual lease to enforce and this is your main argument, not the notice, since with a written lease they cannot breach the lease with a 30 day written notice unless the contract states they can. The thing is that you will have to get an attorney NOW to file a breach of lease suit against them to get an injunction to prevent them from trying to evict you in breach of the lease.
thanks! what kind of lawyer should I be looking for to help me in this matter?
You need a landlord tenant law attorney.
Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
thank you for being a great help
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