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Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31787
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Good Morning.. We have a situation in regards XXXXX XXXXX trade

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Good Morning..

We have a situation in regards XXXXX XXXXX trade name use, we have a tradename user but with no written agreement and is occupying a property which he has his business in. The lease is under the Tradename owner, there is no sublease with the tradename user. He has been notified to vacate the property by the end of the month for several violations that inflict with our customer service and quality of food. He is also behind in 2 months of tradename fees. What can I do?

Roger :

Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.

Roger :

Just to make sure I understand, the "trade name owner" is leasing the "trade name user" the right to operate under its trade name in a building that the "trade name owner" leases - - is that right??

Customer:

correct

Customer:

but remember there is no written agreement

Roger :

Understood.

Roger :

Ok. In that case, the right to use the trade name should basically be considered a license - a month to month license - that owner is providing the user.

Roger :

Since there is no written agreement providing a procedure in the event of a default, the owner should be able to cancel/terminate the month to month license agreement due to the non-payment of the license fee.

Customer:

ok so if the tradename user refuses to leave by 09/30/13 what can be done

Roger :

As for occupying the building, the lease should also be considered a month to month lease, and if the tenant is behind on the rent, then you should be able to evict him like any other tenant if he doesn't vacate immediately.

Customer:

but he is not behind on rent?

Roger :

SORRY. In that case, you would have to give the tenant a 30 day notice that you are cancelling the lease and that he must vacate by that date.

Roger :

In a month to month lease situation where the tenant is not delinquent, the tenant must be given 30 days notice that the lease will not be renewed.

Customer:

thank you, perfect

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