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-   -   Unreasonable landlord (https://www.askmehelpdesk.com/showthread.php?t=201935)

  • Apr 3, 2008, 09:35 AM
    cfobooks
    Unreasonable landlord
    On a commercial lease, what is the chain of events if landlord wants to evict due to back rent. Also, what can you do if the landlord is unreasonable. I have summitted papers of a creditable buyer and she is causing hardship on the transfer. What r my rights?
  • Apr 3, 2008, 10:28 AM
    LisaB4657
    In commercial real estate law your rights are what are contained in your written lease. There are very few laws that apply other than basic contract law. Read your lease carefully. If the lease provides that the landlord must not unreasonably withhold their approval of an assignment then you have a good case. If the lease doesn't include that statement then you're going to have a problem.

    As for eviction due to back rent, the same thing applies. If the lease states that the landlord has all of its rights and remedies in the event of a default by the tenant, then the landlord has the right to file a lawsuit for eviction.
  • Apr 3, 2008, 11:25 AM
    LisaB4657
    [Quoted from email, with permission]
    Quote:

    Thank you very much for your help. What would you suggest I do if she is unreasonably withholding the approval of the transfer? Exampl: withhold rent? I am expecting a baby in September and I need to solve this matter asap.
    I never recommend that someone withhold rent. Instead, start putting things in writing. If the written lease provides that she can't unreasonably withhold her consent then send her a letter by certified mail (with a copy by regular mail) that she is violating the terms of the lease and causing you considerable monetary damage. Give her a time limit of 10 days or two weeks to consent to the assignment. If she doesn't respond then contact an attorney.

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