How do I get more time in a commercial space
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How do I get more time in a commercial space
April last year My landlord moved me into a new space to allow the neighbor to take over the old space I own a gym and he closed me down for 2 months and I lost members and income due to the temporary close I reopened after painting cleaning and repairs now he is telling me to leave again due to a new renter coming in and paying 2,000 more a month How can I get more time to get my equipment out and sold I had to close my business due to this eviction there is no legal lease
thank you any advice would help
Asked on June 5, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do you have a lease for a specific amount of time (e.g. a one-year lease) which still in effect? If you do, you cannot be asked to leave or give up possession until it expires, though the landlord can require you to go as soon as it expires (e.g. no time past expiration date of lease). If the landlord tries to force you out in violation of the lease, you could sue your landlord for "breach of contract."
If you don't have a written lease at all, or you have a written "month-to-month" lease, you are a month-to-month tenant and the landlord can require you to leave on a month's notice (just as you could terminate your lease on a month's notice in this situation). There would be no way to get more time beyond the month's notice you are given--the law allows termination of a month-to-month lease on a month's notice--other than by negotiating for it with your landlord. A commercial tenant without an in-force (unexpired) lease for a defined period of time is very vulnerable.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do you have a lease for a specific amount of time (e.g. a one-year lease) which still in effect? If you do, you cannot be asked to leave or give up possession until it expires, though the landlord can require you to go as soon as it expires (e.g. no time past expiration date of lease). If the landlord tries to force you out in violation of the lease, you could sue your landlord for "breach of contract."
If you don't have a written lease at all, or you have a written "month-to-month" lease, you are a month-to-month tenant and the landlord can require you to leave on a month's notice (just as you could terminate your lease on a month's notice in this situation). There would be no way to get more time beyond the month's notice you are given--the law allows termination of a month-to-month lease on a month's notice--other than by negotiating for it with your landlord. A commercial tenant without an in-force (unexpired) lease for a defined period of time is very vulnerable.
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