If I have a 20% partner in a commercial building who signed a tenant to a lease without me
knowing, what can I do?
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If I have a 20% partner in a commercial building who signed a tenant to a lease without me
knowing, what can I do?
The tenant is an unlicensed marijuana dispensary and I want to know if this lease is valid or if I can kick them out?
Asked on July 18, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can't do anything other than evict the tenant IF he provides good cause to evict, such as not paying rent, disorderly conduct, damaging your property, or violating provisions of the written lease. The problem is a partner in a building has, at a minimum, the "apparent authority" to sign a lease: that is, any reasonable 3rd party would conclude that he has the authority to enter into the lease. When someone has apparent authority, 3rd parties--like the tenant in this case--may rely on it, and courts will enforce the contracts or leases they enter into.
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