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Can a landlord terminate a lease with only ten days notice and not allow payment
Anonymous2 views2 answers
We are a few months behind on rent and have been trying each month. We sent him what we had which was $400 and rent monthly is $1600.00 We got a call yesterday that he is done and we needed to be out in 10 days. We plan on taking desperate measures to get save our space and hope within 10 days to get him the money. Can he just verbally say that and not let us try. Or what is our rights. We are currently $6000 behind on rent. We are a spa and do a lot in the community.
I agree with the previous answer and your commercial lease will dictate the terms of the lease and your duty is to pay all of the rent on time. Because you didn't then the landlord can give you notice according to the lease and then proceed with a legal eviction. Make a deal, move, leave the place clean and get the conditions of the deal and condition of the unit in writing ASAP.
Good Luck
It is not clear whether you are the tenant in a residential or commercial tenancy. Different laws apply to each type of tenancy.
"We are a spa and do a lot in the community." To put things bluntly, how does that help the landlord in paying the expenses the landlord would have been using your rent payments to pay?
"We are a few months behind on rent". If the landlord follows that statutory procedures, you will be evicted.
Unless you pay the landlord all the money that is overdue, the landlord does not have to accept partial payments.
Statutory procedures require written notices to the tenant. So, if the landlord has not been giving your written notices, the landlord likely has not complied with the statutory procedures.
However, if you do not move, the landlord likely will be hiring an attorney. You will end up owing more money because you are almost certainly going to lose because you are several months behind in rent. The landlord will be entitled to attorney's fees in a court case that you lose.
If you can come up with about $8000 in the next few days and you have a lease that has not expired, you may be able to be restored to the tenancy. Besides the rent, you likely owe late fees and probably attorney's fees.
You should review the specific facts with your attorney to find out your legal options.
