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We have a food cart in a food cart pod. Our lease expires

Resolved Question:

We have a food cart in a food cart pod. Our lease expires on Aug. 1. We were just notified on Saturday July 27, that our lease, and four other cart owners leases, are not being renewed and that we are to vacate by Aug. 1. Do I not get the same 30 day notice that a tenant would get?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Do you have a written lease? If so, does it say anything about "notices"?
Customer: replied 1 year ago.

Have asked for a copy. Waiting for that. Wanted to know if there are any blanket laws protecting renters (leasers) like us from this type of action. There was no notice given, other than a letter delivered yesterday.


 


I know to look over the paperwork, and have asked for that. Was really hoping for some knowledge of termination of lease. Again, no reason was given for the removal, other than the lot owner has different plans for the five carts he is not renewing the leases on. We are all in a row on the lot, and to me, Four days notice, two of which were weekend days, is not enough notice to find a new location and move our cart.


 


I will pay, but your answer of looking in the paperwork wasn't really worth $34 dollars.

Expert:  Law Pro replied 1 year ago.
The issue is - the residential landlord tenant law IS NOT applicable to commercial leases. That residential tenants have the protections of the lanlord tenant law but commercial tenants do not.

As such - the lease between the commericial landlord and tenant controls.

That's why I asked to review the lease and see what, if anything, was stated as to notice requirements within the lease.

In a commercial lease - the term of the lease is strictly the term of the lease and "technically and legally" they do not have to give you notice to vacate but it's presumed you will vacate at the end of the lease term.

If you do not vacate at the end of the lease term - then you are a "tenant as sufferance".

A tenancy at sufferance - is a "hold-over" tenancy after a lease has expired, but before the landlord has demanded that the tenant quit (vacate) the premises. During a tenancy at sufferance the tenant is bound by the terms of the lease (including payment of rent) which existed before it expired. The only difference between a "tenancy at sufferance" and a "tenancy at will" is that the latter was created by (written or oral) agreement.


As to a commercial tenant - a commercial landlord does not have to give 30 days notice to a commercial tenant UNLESS the lease so provides.

So your lease controls as to any notice, if any, that the landlord needs to send you and how they must provide such notice (certified mail, or posting on your food card pod, etc.).


I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response.

Moreover, failure to vacate as per their notice can cost you attorney's fees and court costs if they file suit against you.


However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!
Law Pro, Lawyer
Category: Real Estate Law
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Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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