I owned my home for 5 years, and run a Bed and Breakfast in it. Because of divorce issues I was forced to sell last summer. The buyer understood she was just buying the house not the business. That was clear in the sales contract. She wanted the property as an investment and wanted to lease it back to me. I have an 18 month lease. In the real estate purchase contract she wanted one free night at the B&B before closing. I agreed, but we changed that till after closing (mutually) because I did not have an available night. On that free visit, she requested two more nights stay. I asked if I could deduct the booking out of my rent and she agreed (all verbally) and I didn't request a deposit or credit card because of that. Now it has become very sticky.

Now she has made that second visit, but denies that she made that agreement about the rent. She does not want to pay me. She said the visit was because her girlfriends are so happy for her, and that they want to see her new house. She said that she didn't want to ask them for money, if I wanted the money I should ask them. I was doing the whole thing because she is my landlord and felt pressured. I reminded her that she only bought the house, not my business, and that I have a lease. She cried and said "but it doesn't FEEL like my house." Plus, I learned that she made copies of the house key, she as landlord has, and shared them with her girlfriends, from her girlfriend. My landlord denied this when I confronted her, but I know it is true.

The buyer understood she was just buying the house not the business. That was clear in the sales contract.Hello D:

Without reading your lease, I'll assume that your landlord IS in violation of it. I don't know who wrote it, or whether you had an attorney check it over. Let's HOPE you did...

So, assuming she IS in violation, the question becomes, what do you want to DO about it. It's clear that you're in an agreement with someone who has NO CLUE about how to act... I don't know that you're going to be able to teach her easily. That stuff, of course, should have been made clear in your lease...

Nonetheless, this is business, and I'd treat it as business. Send your landlord a certified letter pointing out the particular provision in the lease she is violating. Tell her further, that if the violation isn't cured within, say, 72 hours, you will consider her in breach, and that you will relocate your business and sue her.

excon

My ex-husband is a prominent local attorney and I did not have access to legal advice. I had the offer one day before the bank started foreclosure. Hope you understand.

When I tried to explain to her that this is a BUSINESS, her answer was that I have too many rules and she doesn't like my rules.

This landlord is so unbusiness like, I can hardly believe it. Excon is technically right, but I don't think it will be in your interest to deeply offend this person--and she sounds spoiled and easily offended. Ideally, you want to stay where you are. But she needs to understand what the limits are of her "ownership" of the house include. It isn't about how she "feels." You have a right to operate your business without her interference.

I highly recommend that you find an attorney who will help you make this landlord understand her rights and obligations in as tactful a way as possible. I don't think she'll listen to you. Find a big, smart, tactful male attorney. You can't offer free room and board to this landlord and all her friends AND pay her rent. It's insupportable.

Any attorney has a legal obligation to keep your business confidential and should not talk to your ex. If you are in a small town and no one will help you, find an out of town attorney. Ask friends, or consider asking your ex to recommend someone out of town.

You can do this. You need to stand up for yourself--sooner, not later.

When I tried to explain to her that this is a BUSINESS, her answer was that I have too many rules and she doesn't like my rules.Hello again, Dorris:

I DO understand how stuff happens, and I'm not on your case for falling into this predicament. I'm trying to get you out of it...

You can see, can't you, that it isn't going to work? Best to get it handled now. My advice isn't any different really.. No matter WHAT your lease says, you either have to STOP her, or you have to relocate. That's why I suggested a CERTIFIED letter... It MIGHT get her attention. It MIGHT put her on notice that she has a lot to lose too, if your agreement goes into the dumper...

She's got to get that you're serious. She's got to believe that you'll vacate, if things don't shape up. She certainly doesn't believe you when you talk to her...

excon

Excon has a good point. She's going to be in trouble without your business to pay the rent. That means you have a lot of leverage with her. You have power over her. (I'm not sure she knows that though... )

But I still think this is largely a matter of educating her, not putting her in her place (although she deserves it!). It's just easier to have good relations with anyone you have an ongoing business relationship with, and this is a particularly important relationship.

Does it matter that (because she is my landlord) I didn't operate as usual either? I didn't get a deposit, heck I don't even have her credit card info like I do from every other guest. I didn't make her sign a guest registration either - I gave her all kinds of extra perks so she could impress her girlfriends. Then at the end of her visit to hear her ask her friends if they had their keys? One answered that she had forgotten it at home. That guest left, and then my landlord tried to tell me that she was asking if they had their car keys!

I understand that I have to be more assertive, but she's already taken the advantage.

Hello again:

IF you can get this fixed WITHOUT resorting to threats, asking is of course, correct. Relations WILL be better if you get along... They'll also be pretty good as long as BOTH of you know what's at stake... That's pretty persuasive too.

So, I'll bow to asking's advice.. Try the nice approach again. But, if it doesn't work, hammer her.

excon

I didn't get a deposit, heck I don't even have her credit card info like I do from every other guest. I didn't make her sign a guest registration either - I gave her all kinds of extra perks so she could impress her girlfriends. Then at the end of her visit to hear her ask her friends if they had their keys? One answered that she had forgotten it at home. That guest left, and then my landlord tried to tell me that she was asking if they had their car keys!Hello again, Dorris:

IF you didn't make your needs clear from the beginning, this is a wonderful opportunity to do so. It is NOT a time to be evasive. In your letter, I'd tell her EXACTLY what you told us.

excon

A written contract can only be changed by another instrument in writing.

Without sorting through the issues here (and, I admit, reading through) is one or the other of you in violation of the written contract?

If so either file for arbitration or sue.

Why did you negotiate only an 18 month lease? Why not longer--say 5 years?