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In a tenants in common ownership of a commercial property

In a tenants in common ownership of a commercial property with four equal share owners i.e. 1/4 share for each of 4 tenants in common; can one of the property owners/Tenants in Common have a business that is the lessee of the property and have any say in the Lease rate that they will pay for the property. Is this not a conflict of interest? Do they not have a fiduciary responsiblity to remove themselves from discussions of the lease rate?

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Barrister

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This is a case under California law. Can a landlord impose a

This is a case under California law. Can a landlord impose a "tenant at will" designation upon someone who is occupying a commercial rental property (he was there before the landlord bought the property from the owner but there is no extant tenancy agreement) for the purpose of creating a tenancy that suffices to bring an action for eviction under the unlawful detainer statutes (CCP 789, 1161). CCP 1166 and case law require that there be a landlord-tenant relationship to bring the eviction under the unlawful detainer statute.That is, can a property owner elect to implicitly consent (as a matter of law) to someone who is occupying the property to be a tenant? Can a tenant who, knowing that the property is a commercial property, by their remaining on the property which they know is not theirs implicitly consent (as a matter of law) to being a tenant? Is this a form of tenancy at will?A reference to case or statutory authority would be needed in the answer.

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P. Simmons

Attorney

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City of Camarillo, CA Trying to lease M1 zone property

City of Camarillo, CATrying to lease M1 zone property for dance studio.I have existing CUP - conditional use permit in M1 zone currently but need to move to expand business. Obtaining the existing CUP was also very difficult.City unwilling to consider CUP for multiple properties I have located, no other property options on the market.CUP presents issues with number of parking spaces required.Constraints on my needs are not being applied to other dance studios who currently have operating businesses in M1 zoned areas. Same with other similar businesses i.e. karate studios.Per ordinances, I can not argue the parking spaces, however they are restraining my ability to grow my business, and likely even close my business because my current property is no longer available. 5 years at current location.My argument is...why do they let some businesses but deny ours.Need advice on how to pursue without starting long term fued with the city that will limit future endeavors. i am a 20 year Camarillo resident/home owner. Also, I own 25,000 commercial property in Camarillo and employee 70 people with another business. The dance business has 220 students and 5 full/part time employees.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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Thank you time and your help. I have a client who is

Hello. Thank you for your time and your help.I have a client who is interested in buying a commercial property next to his business. He believes there are environmental issues with the property he wished to buy. . . and he is OK with itHowever, just in case, with whom do I check to see if there WILL be an issue. I know there are different levels (phases) of testing - will these issues prevent us from closing if my client is OK with it even if there ARE issues?? My client is planning on offering lower than market value to make allowances for clean-up. (But I would like to check to see who does this work and how much it might cost.)I hope I explained that well enough.THANK YOU

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Albert Marmero

Juris Doctorate

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My family owns a commercial property - garage units - in NY

My family owns a commercial property - garage units - in NY State. Almost 20 years ago a car was abandoned. We want to sell the car to a willing buyer. Are there any repercussions to doing so?

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J. Warren

Attorney

Doctoral Degree

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I have had a business years in howe township co. pa. Ever

I have had a business for 38 years in howe township perry co. pa. Ever since zoning was voted in years ago i have been zoned commercial. Now they are rezoning and they propose to zone me r1 residential. can they do that.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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How often can an apartment complex water their grass in

How often can an apartment complex water their grass in Aurora CO? Don't they have to follow the same city ordinance as everyone else? Or because they they both even and odds they can water everyday?Complaints about smoking marijuana tothe apartment complex and nothing being done. Since it is legal in Colorado, but the lease states that it cannot be smoked in the complex do tenants have to follow? I have complained several times in regards ***** ***** smell and even spoke to the complex officer, yet nothing has been done.

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J. Warren

Attorney

Doctoral Degree

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I am the executrix of my mothers' estate in New York

I am the executrix of my mothers' estate in New York state. She passed away almost two years ago. In her will my sister and I will split her properties 50/50 (3 commercial). She also established an LLC and was the sole owner. As the executrix, I notified her debtors of her passing, including the banks of the 4 properties she owed. Three of the banks requested an original copy of her death certificate without requesting or making any changes. One company after receiving the notice immediately sent me a foreclosure notice of the property that they bought from the original lender. I should note that there was a late payment or two that I was not aware of until I came on as my mothers' executrix in 2014. All debtors were notified in February and March of 2015. I was served by Situs in March of 2015 two weeks after they received the notification.I have been negotiating since 2014 with Situs to settle without going into foreclosure proceedings. We have continued to pay our monthly payments that they have kept in escrow. The settlement they are proposing wants us to transfer ownership of the property to the LLC and sign an Assumption Agreement stating that we essentially have no rights if a missed payment or any other act occurs. The agreement obviously favors them but I do not want to assume my parents' debt even if it is transfer to the LLC.We have until Friday to decide or the foreclosure process will go forward.We had a consultation with a lawyer who thought that we should not have informed them of her death but I was told then that I had to. I don't know if I should sign the papers and hope for the best that we don't lose the property even if we sign the agreement.

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Alex Esquire

Managing Attorney

Doctoral Degree

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Real Estate Attorney. I sold a property two years back I

For a Real Estate Attorney. I sold a property two years back I have a Real Estate License but have not actively sold for 19 years. I hired a Broker to list the property.To make a long story short another Broker representing herself made an offer. Afterlots of negiotations through my Broker she backed out because a TDS was not issued to her. My Broker verbally told me you do not need a TDS for a commercial property but after checking it was two residential units and two commercial units and yes it was required. I am suing him for damages I sold the property but for $250,000 less it is ascertaining I should have know because I was an agent can this fall on my lap? Thanks

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William B. Esq.

Attorney

Doctoral Degree

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