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I am a small business who is having problems with my

Customer Question
I am a small...

I am a small business who is having problems with my neighbor complaining of noise. My landlord is threatening to evict us even though we have done everything they have asked including building a 3,000 soundproof wall between our units. What are my rights?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, we have just been communicating with the property manager. It just now seems to be quite serious... what paperwork would I file?

Lawyer's Assistant: Where is the property located?

Centennial, Colorado

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

I went by to try and negotiate with my neighbor and he was hostile towards me and had been to my employees in the past

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 16 minutes by:
3/20/2018
Real Estate Lawyer: socrateaser, Lawyer replied 6 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,231
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

Generally, commercial lease agreements are controlled by the terms and conditions of the agreement itself (in contrast to residential lease agreements, which are heavily regulated by government). If you say that you have performed according to the terms and conditions of the lease, then you don't have to do anything, other than to stand your ground -- because, unless the landlord/property manager can show that you have breach a lease covenant, you cannot be evicted.

My suggestion is that you find a local commercial landlord tenant lawyer to review your lease and the facts of your case. You can probably get the lawyer to draft a responsive letter to the landlord/property mananger, stating that you are in full compliance with the lease terms, and that you will vigorously defend your rights, and sue for breach of the covenant of quiet enjoyment, if the landlord proceedes with an unlawful detainer (eviction) action.

Ordinarily, I don't like to suggest that a customer hire a lawyer, since the customer is coming to Justanswer usually for a cost-effective answer to a legal question. But, in your case, I think you would be wise to pay for some "real" legal assistance, because it just may resolve your difficulties. And, maybe you can negotiate a buyout of your lease with the landlord, that would permit you to relocate your business and make a little money in the process.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Real Estate Lawyer: socrateaser, Lawyer replied 6 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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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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