If I was given verbal permission to operate a business out of my home by prior management, can the new property manager force me to shut down or evict me?

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If I was given verbal permission to operate a business out of my home by prior management, can the new property manager force me to shut down or evict me?

I’ve been operating a daycare from my mobile home for 6 years. I had verbal consent to operate this daycare from the previous management. The new management sent a letter out that states they are writing new leases with a “Use of Site” clause and notified me that I have 60 days to “make arrangements”. I own my home but pay lot rent.

Asked on July 24, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Verbal agreements that alter an existing lease are generally not valid.  A lease is a contract and courts only look to the terms of the contract to determine the rights and liabilities of the parties. Now, is there a "use of site" condition in the old lease?  Is the old lease up and they are requesting that you sign the new lease?  These facts matter here for some reasons such as notice issues and the like and to know whether or not the old lease restricts this use.  I am sure that the owner of the property is concerned about many things: licensing requirements of the state and county, zoning, liability if a child is hurt on the property, etc.  You need to seek help from an attorney in your area on the matter and bring with you all relevant documents.  Good luck.


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