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I have a commercial building and i am non profit. I rent…

Customer Question
Good Morning, Lawyer's Assistant:...

Good Morning,

Lawyer's Assistant: Hi. How can I help?

I have a commercial building and i am non profit. I rent space. I have a tenant that has been renting for about three years. The person that use to handle the lease had left our organization. so I do not have a lease. the same thing happen to them as well so, no one has a copy of the lease. Their space is about 3000sq space and they agreed to use the space Thursday-Saturday 10am -2:00pm. I have an e-mail from their organization stating that. to off set the a the amount they pay. $850.00. They decided to exstend their hours on their own and started coming in Monday and Wednesday and starting late. I explained to them that The electric had gone up and they have to go back to their original hours. We requested for them to write a request letter to the board and at that time we will come to a decision. They said until we meet they will continue to use the space any time they would like. I locked the door on the days Mon. Tues. and told them that they must leave on the hours we agreed originally agreed to. that is 10am-2pm we even gave them Wednesday.

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

Pa ,They decided to hold the rent until my board meets. but they want to continue to use the space. so I just locked them out all together.

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

No lease found on both sides .just an email found stating what they wanted on the lease. hours and days

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

Yes, Can I evict them and how soon?

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 45 minutes by:
3/17/2018
Lawyer: barristerinky, Attorney replied 1 month ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,071
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I think you have a problem here because if you don't have a written lease that says you can lock them out, then legally you can't.. and what you have done is an unlawful constructive eviction. That could give them legal grounds to sue in court for any damages that they incur and for punitive damages as well..

.

If you don't have a fixed term lease with them, you could have just terminated the tenancy with a 30 day notice and then evicted them through the courts after that.. But taking self help eviction actions can end up with getting you sued.. So I would suggest that you have the property unlocked during their normal hours that you initially agreed to..

.

If they haven't paid the rent, then you can give them a written 10 day notice to pay or vacate and then can file a formal eviction action in court to eject them.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Thank you! I will open the space during the agreed time. When I had the doors open during the days we agreed, they stayed well after the agreed hours. what can I do ? Asking them to leave does not matter. Can I put a camera in the area. They are not being very good tenants. ( before I locked them out) I would like to make sure within the 30 days they do not damage my space. Can I pay for a written legal letter as well?
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