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Legal Eagle
Legal Eagle, Lawyer
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Experience:  Licensed to practice before state and federal court
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I have a tenant in a commercial property that ignores

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I have a tenant in a commercial property that ignores signing a new lease. Can I give him notice that he will be on a month to month lease laying out the terms of the month to month agreement and have it binding with out signatures but by his actions of staying in the property. The agreement would read that staying in the property past a certain date would be an acceptance of the terms given?
JA: What state is your tenant in? It matters because laws vary by location.
Customer: Virginia
JA: What steps has your tenant taken so far?
Customer: He has remained in the property pay rent late all of the time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The original lease was drawn 5 or 6 years ago. My new husband that owns the property has no idea where his copy of the original lease is. I suspect his previous wife has it somewhere but she has Alzheimer's. I have sent him notices of rent default and a notice of a rent increase. I had told him that he either had to sign a new lease or he would be on a month to month basis. I feel we need terms to go with that month to month rental and I know he is just going to ignore anything I try to get him to sign

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. The answer to your question is yes, you could advise them that they are on a MTM agreement. If they stay on the premises, then they they are giving their implied consent to the terms of the lease.

You also have the option to lock the tenant off the premises if you decide to evict them or not renew their rental agreement.

If you decide that you do not want them on the property, then you can send them a notice of non-renewal at least 30 days in advance.

Because I value input, I would like to know what other questions did you have for me today that I can help out with:-)?

Legal Eagle and 7 other Legal Specialists are ready to help you
Customer: replied 4 months ago.
Do I need to use the term implied consent to the terms of the lease when I am sending him the terms?
Do I have to take him to court to get possession after the 30 day notice or can I just lock him out? What about his equipment in the property? Can I sell it for unpaid rent?
Customer: replied 4 months ago.
I do not want to pay $59 for a phone call

Hi, just one moment...

Customer: replied 4 months ago.
please cancel the phone call
Customer: replied 4 months ago.
I would just like a simple answer to the 3 questions I asked

Oh no problem. We can cancel the call. Let me type up responses to your questions.

1. It helps if you use the term implied consent in my legal opinion.

2. You can lock him out in VA if he doesn't move off the property.

3. You won't be able to sell the equipment. You can and are generally required to store and care for the property for about 30 days, notify them of where the property is, and arrange for a pickup.

What other questions did you have for me today about this?

Customer: replied 4 months ago.
taking him to court for rent owed is my only option.

Potentially, but for a breach of contract, this that you have a couple of options.

  1. The quicker, informal option is to send a demand for payment There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

  2. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything.

Customer: replied 4 months ago.
I have sent him default letters and with each letter he pays for two or three months and non of the late fees or rent increases. Your advise confirms the direction I was going in and will probably be giving him a move out notice he does not start pay as noted in the terms I am sending him.
Thank you for your help.

You bet. Thanks so much!!