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That made a commercial lease with me so I had a place to put…

That made a commercial...

That made a commercial lease with me so I had a place to put my machine shop equipment that is now locked me out for nonpayment of rent it turns out the property he rented me is not zoned commercial it's zoned residential. I think that lease itself is in default and he should have to go by residential standards. Am I correct? And do I need Attorney?

Lawyer's Assistant: Where is this occurring? I only ask because laws can vary by state.

Clatsup Co oregon

Lawyer's Assistant: What steps have you taken so far?

I have spoken with landlord and took a picture of the notice. He posted on the door when he changed the locks. He did all that while I wasn't there and he posted an Oregon revised statute number on the notice. I was corrigible and I did not cause a scene. I simply got in my truck turned around and drove away. There's over $1 million worth of CNC equipment in that shop.

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

I I don't think so. I'm not contesting that I owe back. Rent is not a problem and the landlord knows I'm about to come into the money to pay that rent. However, he thinks he can start auctioning off my belongings without giving me any kind of notice and his lease agreement is in a commercial lease agreement if he rented me a residential building that he didn't finish fixing in the first place.

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Answered in 27 minutes by:

4/25/2023

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

Eddie Esquire, Lawyer

Category: Landlord-Tenant

Satisfied Customers: 1,147

Experience: Expert

Verified

Hello. I’m Ed, I'm a lawyer with JustAnswer and I've been practicing law for over 10 years. I’m happy to answer your questions, but just a quick heads up:

Answers are for general legal information
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Please keep in mind that response times can vary based on your question, research needed, and time of day. I try my best to answer questions as quickly as I can.

I’m reviewing your inquiry now :)

I'm sorry to hear about your situation with your rental. Landlord is lucky to have a tenant as mature and respectful as you are. Most probably would have flipped out on landlord. How much of a notice to vacate did landlord provide? How soon do you think you could get current on rent?

In Oregon, in the event of a breach of the lease by a commercial tenant, the landlord can utilize self-help and change the locks to retake the premises only if the lease permits it and the landlord undertakes the eviction "in a peaceable manner and without force." O.R.S. Section 105.105.

You may be able to use the fact that the building is not zoned commercially as leverage to get landlord to back off and give you more time.

Also, landlord cannot auction off any of your property at this time. Landlord would first have to win a lawsuit against you before trying to sell any of your equipment.

I'm happy to answer any other questions that you have.

Customer reply replied 1 month ago

To answer your first question, the landlord change the locks and posted it on the building before he even was before he even sent me a text message that said I'm locked out of the building
Secondly, I believe that I can be current on the rent in under 60 days total for everything but I just sold my house and property and it's supposed to close by June 1 I know for a fact I can come current on the rent then so it's more like a month and a week and a half

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

Thank you for the additional information. I'm just reading your response now.

I think your strongest argument will be that he entered a commercial lease with you for a residential building. You could use that as leverage to try to dissuade him from filing anything with the court. Also, I would think that he would be reluctant to file any documents with the court when it will be easy to prove he's treating a residential space as a commercial building. And landlord will have his rent money before he knows it, less than 60 days is a short time frame.

I'm reviewing Oregon commercial lease statutes further right now regarding the notice he gave you.

ORS 91.090 provides for automatic defaults when tenants haven’t paid their rent within the first ten days of the rental period, the rental agreement may provide for different default and/or notice periods. For example, a rental agreement might state that (a) rent is not late if it is paid on or before the 15th day following the due date, or (b) the landlord must give the tenant a notice of default and an opportunity to cure before terminating the tenancy.

You would have to see what your lease says regarding the notice period required. Also, to see if it says anything about landlord being able to change the locks. You may have a good argument that the locks cannot be changed until the notice period has expired.

I'm happy to answer any other questions you have.

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

Good morning. Can I help answer any other questions for you?

Customer reply replied 1 month ago

There was more editing that needed to be done to the previous document. Long story short when I approached the bank about the late payment and the fees that were going to come with the late payment that was for my vessel the bank told me it's no big deal because they were doing the loan and stuff for this purchase and they also knew that they were going to receive that money for my bank. My boat payment, once I became late though, and I incurred the fees, the bank told us to come in and get the contract and we had to have an attorney write it for us and do the transfer outside the bank. This strange move just looked off when the bank pulled this because they had already had possession of that contract for a month. Nonetheless, we had to take the contract out of bank and put it back in the hands of an attorney in that process, my ex business partner did some thinking and decided that he didn't have to pay me that money, and that he didn't have to take possession of the boat that was being sold o f**king knock it off CaptainSorry for the ending of that I was on talk to text when my great Dane jumped on meMy question in this whole mess is Ken Aysu the bank for breach of contract along with my business, ex business partner for breach of contract. That contract was good and valid. When we walked into the bank they kept that contract for over a month before they sent it back to us, I think that BANK OF THE Pacific breached that contract is this correct?

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

Haha no problem about your dog :)

Just to clarify, is this a new scenario of events or is this still your lease you are asking about?

Customer reply replied 1 month ago

This is a new scenario of events that actually started the reason IM late on payment for the shop lease
This vessel thing started in October, which hobbled my financial position for the winter and now I have been locked out of the shop because I am late on the lease. It's all tied together in one big financial mess that started with BANK OF THE Pacific and my ex business partner, not doing what they both said they could do

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

I can help answer additional questions regarding this, but you would have to open a new question and request me.

Lawyer: Eddie Esquire, Lawyer replied 1 month ago

You can contact me directly at https://www.justanswer.com/law/expert-eddie-esquire/?rpt=3800 or by simply adding me as a favorite expert. You can do that through the “My Questions” page if you choose to rate our interaction.

Eddie Esquire, Lawyer

Category: Landlord-Tenant

Satisfied Customers: 1,147

Experience: Expert

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