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Desire to remove commercial tenant, current on rent. (No Rents Over Due)
I WANT TO REMOVE A LONG TIME RENTER (MO. TO MO.) Since 1997. He owes no arrears, and is desirous of continuing renting, but I want to use the space myself. I informed tenant of my intent to have him vacate his store front. I did so via hand written letter (through his mail slot). I informed him : that he had 60 days to vacate. Do I need to do anything beyond this to remove him from this location?
MARK B, NY on Sunday, June 28, 2009
Ref: RE: Desire to remove commercial tenant, current on rent. (No Rents Over Due)
Commercial Tenants are a bit more complicated to remove than a residential one. Generally contract law is followed more than landlord tenant law. Generally, commercial tenants are responsible for most of the utilities and upgrades. Because a tenant may spend a large amount of money preparing a rental for his purposes, it becomes a bit more difficult to remove them. Check your contract, see if it spells out anything about ending the lease. Check with a lawyer if your lease is silent on this issue.
Posted by Donna , NC on Tuesday, June 30, 2009
Ref: RE: Desire to remove commercial tenant, current on rent. (No Rents Over Due)
Not sure on the Law's of your State but it sounds like you have a simple Month to Month Lease. To wit is just that, You'r required to give Tenant a 30 day notice to Vacate the premises as does he and is required to do same when he decides he wants to vacate the space. One thing I'm sure on is...ALWAYS do these matters by Certified mail with return reciept requested. That way you will always have Paper Work to show the action you took. An second is to alway take the Lease Agreement/Form to an Attorney an get legal advise if your unsure of the Law's for your State.
Posted by Billy G, TX on Friday, July 03, 2009
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