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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 56535
Experience:  Experience representing landlords and tenants.
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I am a tenant in a commercial office space and I was

Customer Question

I am a tenant in a commercial office space and I was subletting part of my space (with permission from my landlord). I initially signed a 1 year lease with my landlord and my subletter signed a 1 year lease with me. Both expired at the end of Feb. I renewed my lease with my landlord but my subletter chose not to renew and instead agreed to pay through the end of May and then the lease would be over as of 5/31, being on a month to month until then. All rent has been paid through May. My subletter has not physically been in the office since January, but her desks, computers and furniture have been here. I checked in with the subletter mid may to confirm that she'd be removing her items and she said it was her intention to find someone to sell them to and then would be getting them out come June.. I realize that I never actually sent her a 30 day notice that 5/31 would mark the end of the lease. I have email exchanges between us that show end of May was our intention for months now, but I'm not sure if that is enough. I haven't heard from her since Mid May and I tried calling emailing and texting last week, but no response. I'm sure she is avoiding me because she can't find a place to put her furniture. We were looking to make use of the space and turn it into a conference room, but we can't if her items are in there and I know we aren't allowed to engage in self help. What should I do? Do I send her a 30 day notice today and suck it up and given her until the end of June since I technically didn't do that yet? OR does my Mid May email confirming she'd be out by 5/31 suffice? Is there required wording I have to put in that letter? Can I just email a notice to her or does it have to be sent to a specific address? Again, she isn't physically occupying the office space, hasn't for months, it's just her items that are in there. Also, Am I entitled to rent until she removes her items? what's the best way to handle this?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.

Hello

Expert:  Infolawyer replied 1 year ago.

Let me answer your questions below each one in caps.

Expert:  Infolawyer replied 1 year ago.

Do I send her a 30 day notice today and suck it up and given her until the end of June since I technically didn't do that yet?

YES.

OR does my Mid May email confirming she'd be out by 5/31 suffice? SEND 30 DAY NOTICE TODAY.

Is there required wording I have to put in that letter? YOUR TENANCY IS HEREBY TERMINATED AND THIS SHALL SERVE AS YOUR 30 DAY NOTICE. YOU MUST DEPART BY THE END OF THE MONTH. Can I just email a notice to her or does it have to be sent to a specific address? E-MAIL BUT ALSO PROVIDE BY CERTIFIED MAIL AND REGULAR MAIL TO LAST KNOWN ADDRESS.

Again, she isn't physically occupying the office space, hasn't for months, it's just her items that are in there. Also, Am I entitled to rent until she removes her items? NO, UNLESS SHE CONSENTS. what's the best way to handle this? GIVE 30 DAY NOTICE AND SEE IF CAN NEGOTIATE AN EARLIER DEPARTURE.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.

Customer: replied 1 year ago.
Thanks.. but why wouldn't I be entitled to rent until she leaves? So she gets a free month of storage from us? Isn't she on a month to month lease until it's officially terminated?What if she doesn't leave at the end of 30 days? I have to wait it out and then proceed with eviction?
Expert:  Infolawyer replied 1 year ago.

because she still has possession and occupancy even if not there since property there unless consents to letting you rent it. Keep in mind she does need to pay rent for that time. If not paid, you may sue for that rent owing.

Expert:  Infolawyer replied 1 year ago.

If she still does not vacate you need to go to court to file for eviction. You may wish to have a lawyer handle locally to expedite and get that order quickly.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively. tried to expedite your question.

Customer: replied 1 year ago.
IF she has possession for the month of June, then she needs to pay me for the month of June.. yes?Does the certified mail need to reach her by today, or is it ok if it goes out today?
Expert:  Infolawyer replied 1 year ago.

correct. I would hand deliver it today if possible, otherwise send certified mail today as well to be received as soon as possible.

Customer: replied 1 year ago.
Is there any thing else I should include in the termination notice? Offer to be out sooner than the end of June to avoid having to pay June's rent? We were semi friendly, should I include something to the effect of "Hello_____, I was hoping to hear from you and see that the items were removed by 6.1. If it wasn't clearer, this notice shall serve as your 30 days, etc. that you are hereby required to move out , etc."
Expert:  Infolawyer replied 1 year ago.

The offer on rent should be not be in the notice but can be discussed between you. Notice should simply direct person to leave. Kindly rate me positively.

Expert:  Infolawyer replied 1 year ago.

please rate me when have a moment.

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