I have an office which is leased to a person with lots of money and subleases the property. His lease is about to end in Oct of 2008, but has the option to lease it for five more years. He has not paid in a timely fashion and has even waited three months before he makes payment on those three months. I do not want him there anymore. When I told my attorney about the late payments his comment was "that's normal practice" needless to say he and the guy leasing the building are friends. Does his nonpayment for months at a time constitute a right for me not to lease to him? I do not have a copy of the contract and my attorney has not given me another copy (I have been asking him for about 3 mos). What exactly is the option to lease? Does it work both ways?

The option to lease does not usually work both ways. However your lease should contain a clause that gives you the opportunity to declare the tenant in default for non-payment of rent.

I suggest that you go to your attorney's office and stand there while they make a copy of the lease for you. Then get a new attorney.

Have you been giving them late notices, is there late fees that you inforce? Have you given them notice to evict after 30 days late. I guess what I am saying are you being a landlord?