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I have a commercial lease and the landlord is not going to…

Customer Question
I have a commercial...

I have a commercial lease and the landlord is not going to renew the lease

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

Florida

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

No

Submitted: 19 days ago.Category: Legal
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Answered in 1 hour by:
5/31/2018
Lawyer: Barrister, Attorney replied 19 days ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,045
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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 as I am an actual practicing attorney, not an employee of JustAnswer.

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If you can post your legal question and some of the back story about what is going on, I should be able to help.

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thanks

Barrister

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Customer reply replied 19 days ago
I have a commercial leaseand the landlordis saying he is not renewingthe lease and I have not found any place to move my business what should I do? Can he just keep me out?
Lawyer: Barrister, Attorney replied 19 days ago

The phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though.. just a couple minutes for me to type a reply.

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Also when is your lease up?

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Customer reply replied 19 days ago
What legal option can I use to delay this??
Lawyer: Barrister, Attorney replied 19 days ago

When does your lease expire?

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Customer reply replied 19 days ago
It's expire may 1st
Lawyer: Barrister, Attorney replied 19 days ago

Did he accept May rent?

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Customer reply replied 19 days ago
Been looking for a place and have not found one he did not give me any writing notice
Lawyer: Barrister, Attorney replied 19 days ago

Can you answer my question.... did he accept May rent?

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Customer reply replied 19 days ago
he accept may rent
Lawyer: Barrister, Attorney replied 19 days ago

Ok, then you are now a month to month tenant... When he accepted May rent instead of filing to evict you, you then automatically became a month to month tenant. So he now has to give you a written 30 day notice to terminate your tenancy when he decides he wants to do so.

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Once that 30 day notice expires, he can't just throw you out. However, if there is a "lock out" clause in your written lease, he could change the locks and prevent entry other than to remove your personal property. So you want to review your lease to see if this is in there.

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If not, then when the 30 day notice expires, if he won't let you continue month to month, then he will have to file a formal eviction case in court to get a judgment and writ that the sheriff will execute to force you to vacate. That will take about a month.

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So it will be at least 2 months before he could force you to vacate from the time he gives you a written 30 day notice.

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thanks

Barrister

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Customer reply replied 19 days ago
should I try to pay this month rent or live out my deposit?
Lawyer: Barrister, Attorney replied 19 days ago

Absolutely... every month you pay means that he can't kick you out that month... So if you pay rent June 1, he can only give you a 30 day notice on July 1, and then can only file to evict on Aug 1. So it would be the end of August before he could force you out...

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So you definitely want to pay month to month as long as you can while you look for another place..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 19 days ago
Ok you will definitely get a five star rating I have I more question is the anything I can file in the court to get extension
Lawyer: Barrister, Attorney replied 19 days ago

No, the only thing you could do to stop an eviction is to file bankruptcy as that would stay any eviction for 3-4 months until the judge allowed the landlord to resume any eviction..

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Customer reply replied 19 days ago
No I was not talking about stopping eviction I am talking about to ask for time threw the court ?
Lawyer: Barrister, Attorney replied 19 days ago

Ask for time through the court for what? The court can't force the landlord to renew your lease..

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Customer reply replied 19 days ago
No not to force him to renew to for extra time to find a place?
Lawyer: Barrister, Attorney replied 19 days ago

The landlord would have to terminate and evict through the courts to force you to leave. But if he did so, instead of the week or so after the judgment that is normal, you could ask the judge to give you a little more time before he could evict you.

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But the judge can't tell the landlord to give you more time if he doesn't want to extend the lease..

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Please take a moment to rate my service positively as that is the only way I am compensated for my work.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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