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I rent a commercial property and the landlord has issued a…

Customer Question
I rent a commercial...

I rent a commercial property and the landlord has issued a notice of breach. And at the end said that if I don't pay what is owing within 14 days they will reenter premises and forfeit lease. Can they do this

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Victoria

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Not really. I am trying to sell the business and my lease is up for renewal in July.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No dont think so

Submitted: 29 days ago.Category: Australia Law
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Answered in 5 minutes by:
3/29/2018
Solicitor: Leon, Solicitor replied 29 days ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,277
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 29 days ago

Good Afternoon

Is this a commercial lease or a residential lease?

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Customer reply replied 29 days ago
commercial
Solicitor: Leon, Solicitor replied 29 days ago

Good Afternoon

Can you not afford to pay?

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Customer reply replied 29 days ago
i dont have funds currently. negotiating sale of business so will have funds then
Solicitor: Leon, Solicitor replied 29 days ago

Good Afternoon,

Have you tried to reach an agreement with the landlord?

If you can reach an agreement to be given more time this is the best option.

If you cannot, the only way to delay is to take the matter to VCAT but they will order you pay or leave.

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Customer reply replied 29 days ago
I will try to get an agreement with the landlord for more time, but if they say no, can they lock me out on the 14th day of this notice (which is Tuesday)
Solicitor: Leon, Solicitor replied 29 days ago

Good Afternoon

They can exercise their right under the lease and take possession. This means change the locks.

I would suggest of you can give them some of the money it would make it easier to reach an agreement.

Also show them the business is on the market as evidence of what you are telling him.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,277
46,277 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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