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I paid 150,000 for a sports bar and restaurant and am

Customer Question
I paid 150,000 for...

I paid 150,000 for a sports bar and restaurant and am renting from the owners ..before the storm ceilings fell down which they say they were going to fix doors in refrigerator don't stay closed all mold we spent a lot of money trying to make the place presentable ..we stopped paying rent and tried to negotiate with them ..we just wanted them to fix the problems ..asked me not to get lawyers involved so I promised I wouldn't was having a meeting on the 1of September which they were going to give me an ademdim of all problems I was ready to pay the 3 months rent unfortunately I had to go up north for a very serious illness was coming back on September 1 so I could make the meeting and my flight was cancelled after waiting on the plane for 3 hours ..my chef and manager got into some kind of argument which should never have happened and the chef is no longer with us...now I am receiving emails saying they want us out oct 1 ..we could not even pack by then ..we have close to 500,000 into this business and got through off season ...1 can they just tell us to leave without a court orde? I am beside myself ..is this legal or do they have to go before courts ..I offered the three months rent they refused looking for some kind of advice...thank you

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Naples florida

Lawyer's Assistant: Has anything been filed or reported?

Not by us I think not by them everything comes through email

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

I can probably write for a week ..I had a very good repor with hotel manager and the owners from Argentina now they told me to talk to there lawyer

Submitted: 10 months ago.Category: Legal
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Answered in 4 minutes by:
9/27/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A commercial landlord may only reclaim possession of leased premises after the tenant has abandoned them or with a court order. Fl. Stat., Section 83.05. It doesn't sound like they think you've abandoned the place. That notice acts as verification that they will go to court and file for eviction if you're still on the premises on October 1, but they cannot change the locks or throw you out without a court order. If they do, you'll be able to sue for an order allowing re-entry, plus any damages.

It is possible to continue negotiating until October 1 to see if you can reach a resolution over the next few days. If you are able to pay the past due rent, they will also be required to let you stay. You would still have a right to sue for your damages related to them breaching the lease by failing to do repairs on the property. The other option is to wait, let them file for eviction, and defend on the basis that they haven't fulfilled their obligations under the contract. That's riskier, but it doesn't require you to come up with the money to pay in just a few days.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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