Going to Court Tommorrow

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Some back story before the meat and taters.
1. She is a well known slum lord in town. She owes the city almost 80k becasue her houses were in such disrepair, they had to be torn down.
2. She REFUSED to grant us a written lease.
3. She has been accepting monthly rent checks that cleary say "Evolution Pool and Arcade"
4. She is known to evict people for no reason.

My friend and I own "Evolution Pool and Arcade". We have a few pool tables and some decent video games that kids can come in and play. We also have concerts that feature some pretty good local bands.

We first rented the store front in the middle of october. When we cut the deal for the rent, she agreed to install new gas heaters, and pay for the gas. She turned around and put in electric heaters, and we have to pay the electric bill. Before we agreed on the ORAL lease, she asked us what we planned to do there. I told her, pool, video games, and live entertainment becasue of the stage. She verbally agreed to that, and i paid the security deposit, and the first months rent.

Well, everything is going fine, until we hold our first concert in the middle of january. When i go to pay rent on February 1st, the landlord commented and said that she got complaints from the people living above us. (keep in mind...this is right down town, and we are in a building that is zoned commercial). I told her that we are going to have three or for shows a month, only on weekends, and the shows would finish up shortly after 10pm.

We had our next set of bands in on a friday night in the middle of february. The next morning, the landlord calls me at work verbally telling me that i have to stop having bands. I told her that she already agreed to it, and we would continue to have bands play.

That saturday we had a great show...and on the monday after it, she posted an eviction notice. On the notice, she gave me 15 days to be out. The eviction notice just included my name, not the buisness or my buisness parter...and she mispelled my name.

We refused to move out, based on the fact that she was going back on her word. Sure enough, she filed eviction papers at the local court. In her complaint she listed these reasons.
1. Rented as a game room, not a band room.
2. Tenants complaining about the noise.
3. Damages to the property (thats laughable at best, we put in over 1000 fixing the place up)

I am going to try and get the case tossed right when the hearing begings, becasue she just notified me, and not me and my buisness partner. If that doesnt work, i know she will not bring in tenents to testify becasue she doesnt think i am going to put up a fight.

Do you think that will work for me?



***important edit***

I am planning on moving the buisness out of her place, and into a much better location. I am just looking to stall this as long as possible.

 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
I think you should get yourself a lawyer.

No written lease on a business? I'm not a business owner, but I'm pretty sure that's a bad thing.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: waggy
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
Stay away from butter and jam, cause You are toast.

 

Nitemare

Lifer
Feb 8, 2001
35,461
4
76
Originally posted by: BigJ
I think you should get yourself a lawyer.

No written lease on a business? I'm not a business owner, but I'm pretty sure that's a bad thing.

yup, no written agreement, means your word vs her word and since she owns the property, you are most likely SOL, GL though
 

Juno

Lifer
Jul 3, 2004
12,574
0
76
wow, you should have refuse to an oral lease until written lease is finally kicking in.
 

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Originally posted by: AlienCraft
Originally posted by: waggy
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
Stay away from butter and jam, cause You are toast.

In that case, she only gave us 15 days notice to be out, then filed the papers at court. I think that can be reason enough to have her start this whole process over again...
 

Nitemare

Lifer
Feb 8, 2001
35,461
4
76
Originally posted by: Dufman
Originally posted by: AlienCraft
Originally posted by: waggy
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
Stay away from butter and jam, cause You are toast.

In that case, she only gave us 15 days notice to be out, then filed the papers at court. I think that can be reason enough to have her start this whole process over again...

Do you have anything in writing that says you are allowed to be there?
 

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Originally posted by: Nitemare
Originally posted by: Dufman
Originally posted by: AlienCraft
Originally posted by: waggy
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
Stay away from butter and jam, cause You are toast.

In that case, she only gave us 15 days notice to be out, then filed the papers at court. I think that can be reason enough to have her start this whole process over again...

Do you have anything in writing that says you are allowed to be there?

She accepted rent checks that clearly stated the buisness name on top, and in the memo line something like "february rent for 22 south ave"
 

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Originally posted by: randomlinh
you agreed to the place w/o a written lease?!?!?!? why oh why did you do that... did you find out about her reputation after the fact?!

I knew it before hand. But for just 350 a month, i couldnt refuse it.
 

Nitemare

Lifer
Feb 8, 2001
35,461
4
76
Originally posted by: Dufman
Originally posted by: randomlinh
you agreed to the place w/o a written lease?!?!?!? why oh why did you do that... did you find out about her reputation after the fact?!

I knew it before hand. But for just 350 a month, i couldnt refuse it.

Damn 350 a month, that must be in a pretty bad location
 

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Originally posted by: Nitemare
Originally posted by: Dufman
Originally posted by: randomlinh
you agreed to the place w/o a written lease?!?!?!? why oh why did you do that... did you find out about her reputation after the fact?!

I knew it before hand. But for just 350 a month, i couldnt refuse it.

Damn 350 a month, that must be in a pretty bad location

Great location. Right off of main street on a high traffic street.
 

Kelemvor

Lifer
May 23, 2002
16,928
8
81
Stop posting and call an attorney. Just about any attorney will listen to the general information over the phone and let you know what they think and it's free.

Call a couple that specialize in leases and evictions and such and see what they tell you.
 

pstylesss

Platinum Member
Mar 21, 2007
2,914
0
0
Originally posted by: Dufman
Originally posted by: randomlinh
you agreed to the place w/o a written lease?!?!?!? why oh why did you do that... did you find out about her reputation after the fact?!

I knew it before hand. But for just 350 a month, i couldnt refuse it.

That low of an amount is good for a month to month verbal contract.

Did you get a verbal agreement on lease length? If so, I think verbal is then out of the question because you lease amount exceeds the amount that a verbal agreement is good for.

Month to month is month to month for a reason, I don't think your chances are that good.

Good luck though.
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Correct as others have said, no contract you're SOL.

Do you even have all the proper permitting to have concerts?
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: Dufman
Originally posted by: AlienCraft
Originally posted by: waggy
no i do not think it will work. you did not sign a lease so you are on a month to month. all she has to do is give you month notice and you are SOL.

she hase every right to kick you out.
Stay away from butter and jam, cause You are toast.

In that case, she only gave us 15 days notice to be out, then filed the papers at court. I think that can be reason enough to have her start this whole process over again...
If you go to court, be prepared to pack and haul ass out of there. Because I'll bet you don't get any break from the judge.
The judge may make your business uncomfortable, do you have insurance? a license? any permits say Dance hall or cabaret? The judge is the guy who can enforce the law, and anything you introduce, he can cross examine. Introduce an unlicensed, uninsured partnership without any operating agreements even between each other, and he'll laugh you into the street.

You don't have a business, you have a mess.

 

Dufman

Golden Member
Dec 29, 2002
1,949
0
0
Originally posted by: Capt Caveman
Correct as others have said, no contract you're SOL.

Do you even have all the proper permitting to have concerts?

Everything that we have done as been approved by the city.
 

TechBoyJK

Lifer
Oct 17, 2002
16,699
60
91
Originally posted by: Capt Caveman
Correct as others have said, no contract you're SOL.

Do you even have all the proper permitting to have concerts?

Yea, without paper work, the court is going to side with the property owner, even if they let you stay for the whole month. After that, you're out.

Get it all on paper young jedi, especially if its business. Signed, stamped, and notarized.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: Dufman
Originally posted by: Capt Caveman
Correct as others have said, no contract you're SOL.

Do you even have all the proper permitting to have concerts?

Everything that we have done as been approved by the city.
Do you have Liability Insurance?

 

CallMeJoe

Diamond Member
Jul 30, 2004
6,938
5
81
How did you ever get insurance on your business w/o a written lease to show your agent?
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
I'd suck this one up to not knowing what you were getting into and moving on.

A lawyer is probably going to be a lost cause.

NEVER USE AN ORAL AGREEMENT FOR ANY TYPE OF LEASE.

Also make sure your lease spells out everything you intend to use the property for, how it's going to be accessed, populations, time of business, and repercussions for landlord maintenance that affects your business and how much notice you will get.

I would recommend a lawyer to review your next business lease though.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: CallMeJoe
How did you ever get insurance on your business w/o a written lease to show your agent?
He doesn't have any insurance, at least I haven't seen anything to say otherwise.

 
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