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View Full Version : Eviction Process in MA


luch0
Nov 29, 2011, 10:58 PM
Hello folks!
Here is my story.

I am late in my rent;as of right now I owe august-september-october-november. I was told already I am being evicted. I haven't got anything yet in the mail. I operate a money transfer business there but since September my license was suspended. I was trying to sell the business or find a partner but nothing worked out and the owner of the building is not willing to wait anymore. I finally find someone who wanted to operate from there a different type of business so I would get some money for the right or giving up my business, so I could pay the late rent. I called the owner but the process of eviction is already started and he told me he already promised the space to another person. Well, this person who I happen to know was interested in my business but didn't offer me enough. So what I think is that this person is going to start the same type of business from there and basically got my business by paying nothing( a possibility is that this guy is paying the owner to evict me so he can take over the space)
What can I do? Do I have a chance to avoid that a same type of business operate there? I am willing to hand the keys over to the owner but I am not willing to see this person starting the same type of business where I was operating and likely taken out by eviction. Even though My business is in a bad situation, it is worth something at this point(location, clients know the location as a point to send money, etc)so basically this person would be profiting from that.
Do I have a chance in court? Can ask the judge to ban this type of business at that location for lets say 2-3 years unless they pay me some money?

Thanks a lot.

luch0
Nov 29, 2011, 11:15 PM
By the way, I am a at will tenant a this moment. I've been in the building for 10 years or so.

ScottGem
Nov 30, 2011, 04:14 AM
This sounds like a commercial property, not residential. A commercial property is more governed by the lease so you need to read the terms of the lease.

But you really have little recourse. The landlord has been more than lenient in allowing you to go without paying rent. If you refuse to vacate, he can have you evicted. He does have to give you notice according to the terms of the lease.

If the new tenant tries to run the same type of business, I don't believe you have any legal recourse as long as he doesn't use your business name or represent that he is replacing you. If he does, you can then sue him.

AK lawyer
Nov 30, 2011, 05:42 AM
...
Do I have a chance in court? Can ask the judge to ban this type of business at that location for lets say 2-3 years unless they pay me some money? ...

In the eviction action? No.

The potential new tenant will not be a party to the eviction so the court will not have jurisdiction over him.
It's an eviction, not a suit over business assets, so the landlord won't be subject to the type of order you want either.
And in any event, as ScottGem has said, you don't have a case unless he tries to "use your business name or represent that he is replacing you."

Fr_Chuck
Nov 30, 2011, 07:24 AM
NO, you have no right to control what the landlord does with the building, In fact you are lucky at this point ( if you are in the US) that he has not pad locked the building and alreay went to court and will sell anything in the building to get his money. ( or part of it)

So you hand the landlord the keys, and go on, knowing you tried and will try again,

luch0
Nov 30, 2011, 10:09 AM
So the best thing to do is to hand over the keys or wait until the end an appear in court?
I am filing for BK anyway.