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Loren, Attorney
Category: Business Law
Satisfied Customers: 34479
Experience:  30 years experience representing clients .
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The owner of my commercial bussiness don't what to accept my

Customer Question

the owner of my commercial bussiness don't what to accept my monthly payment this month. ( I always pay on time) The rental agreement was untill the 2017.I cannot find the contract myself and looks like the owner does;t have it either.
Two questions:
Can he make/serve an eviction ? (for last seven years I always paid on time).
How can I do the payment of this month? via lawyer or court because refused the monthly payment ?
Please advice.
My nameis Rebeca (###) ###-####
Email :***@******.***
Submitted: 2 years ago.
Category: Business Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a Florida licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
Before I answer a bit more detail would be helpful please.
Why is the owner refusing to accept your rent payment?
Is the owner in default in any way, as far as the condition of the premises or required maintenance?
Thank you.
Customer: replied 2 years ago.
Because he is planning to evict me.
It is a very small coffee corner in a condo/hotel building. The commercial space owner who claims this space belongs to him wants to evict me. Condo association gave approval to start this in the lobby of our building several years ago.
Expert:  Loren replied 2 years ago.
Thank you, ***** ***** the additional information.
If your landlord attempts to evict you as a month to month tenant then all he needs to do is give notice that the tenancy is terminated at least 15 days before the next day rent is due.
For that reason, if you are given notice, it is vital that you locate your fixed term lease to override his notice and preclude your treatment as a month to month tenant.
Otherwise, without the proof of a fixed term tenancy, it will be your burden to prove and the court will have no choice but to treat this as a month to month tenancy.
Check boxes, old emails...everything. Turn the place upside down because without, at least, a copy of the lease you have no defense from the landlord terminating your tenancy. With the lease, so long as you are not in default, the landlord can not touch you.
I realize this is probably not the answer you were hoping to receive.  Also, please remember that this is not necessarily a moral judgement on my part.   As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Expert:  Loren replied 2 years ago.
Did you have further questions before you rate my answer?