Can a landlord or their representative lease a commercial space if the space is already occupied by a tenant that is current with his payments but doesn’t have a written lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord or their representative lease a commercial space if the space is already occupied by a tenant that is current with his payments but doesn’t have a written lease?
Asked on January 6, 2012 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is no written lease, the rental is month to month; that means the tenancy could be terminated (ended) on 30 days notice. So while two people or business could not both lease the space at the same time, the landlord could lease the space to tenant 2 as long as the start date is after the termination of tenant's 1 tenancy, then give tenant 1 notice ending the tenancy. Thus, the space could be rented, for example, to a new tenant starting in a month while giving the current tenant his/her 30 days notice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.