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wist coach · Jun 13, 2009, 05:00 AM

Hey Guys, back to ask a question. Divorce finally over and moving on. Parents business is in trouble, been on a month to month rent base by landlord. Lease ran out in February. Landlord let them stay month to month. Things got bad and they are late on payment for the month now. Does the landlord go through proper channels for eviction or do they have 30 days to vacate? They put about 100k in this guys building. By the way. He won't work with them. Thanks Jimmy

ScottGem · Jun 13, 2009, 06:18 AM

If they are on a month to month, either can terminate the lease on one rental period's notice. The landlord can also follow the normal process for eviction due to non payment.

Fr_Chuck · Jun 13, 2009, 11:44 AM

Without a lease they can merely give them notice to move. But if they are late paying rent they can also just be evicted

wist coach · Jun 19, 2009, 01:37 PM

Hey guys, back business to business again. Parents were moving personal items and business things out of the building, been in for 9 years. Lease was month to month and they got behind now almost 2 months. Agreement by landlord verbal to me to be out by July 1st and letter from him not attorney saying that to be out by July 1st. He changed the locks today and they are not finished moving. Have not received a letter from the court or anything. What can I do for them? Please help.

ScottGem · Jun 19, 2009, 02:26 PM

First you have to check the lease. While commercial leases are different from residential, the landlord may have committed an illegal eviction and opened himself up to a lawsuit.

wist coach · Jun 19, 2009, 03:09 PM

Thanks Scott, lease ran out six months ago and they were month to month.

ScottGem · Jun 19, 2009, 03:18 PM

Doesn't matter. The terms of the orignal lease, except for rental and term remain in effect. So you need to check what the lease says about default.

wist coach · Jul 5, 2009, 04:55 AM

Hey guys, as we talked few weeks back. Landlord is by word selling my business items and personal things out of the business. Now since we never received a eviction notice or any paperwork for the business to vacate. Only a letter from the landlord to leave by July 1st. Well he changed the locks on June 19th and not heard a word since. A new business has been moving in since the 19th and I have been told that the new owner is selling the business things. Do I have a serious suit here due to the selling of items.? Thanks, Jimmy Oyeah we were late one month on rent and ask him to work with us, didn't happen.

ScottGem · Jul 5, 2009, 05:03 AM

First, please do not start multiple threads over the same issue. I've merged your threads for you. Any further follow-up should be made to the same thread.

Second, you were advised two weeks ago to read the lease to determine what it says about default. Did you do that?

You were also advised at that time, that your parents might have a case for illegal eviction. Did you act on that?

Yes, the landlord may be liable for selling off items. But you have to DO something about it besides asking for advice here.