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commercial property - no lease yet - psycho landlord

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mbark777

Junior Member
What is the name of your state? Kansas

Please help. I am in a situation and don't know how to resolve it without ticking off my landlord. We own a local busines and moved into a new building downtown on a verbal lease. Out first months rent was due Jan. 1st. We have never received an actual lease from our landlord. The last building we were in sold and we were on a month to month lease which we were told was going to end Dec. 31st. So we were desperate for a new place without much time to look. I have asked our new landlord for a lease many times starting two and a half months ago and he always says that he will get it done in the next week or so. I told him that when I got a lease I will pay my rent. We got a letter from him mid-February stating that "we were two months behind on rent and that we must still pay rent until the lease in complete". I paid Jan. & Feb. rent at that time and told him again that we would like to get a lease by March 1st. It is now Mrach 1st and still no lease.
Here is where I am in a pickle (sorry this is so long). We spent two weeks moving, painting, and setting up our business forms with the new address. How can I get this guy to get me a lease before I invest any more money into this place? My fear is that I will make him mad and he will tell us to be out in thirty days. I would like to stay in this location for hte next several years.
 


HomeGuru

Senior Member
mbark777 said:
What is the name of your state? Kansas

Please help. I am in a situation and don't know how to resolve it without ticking off my landlord. We own a local busines and moved into a new building downtown on a verbal lease. Out first months rent was due Jan. 1st. We have never received an actual lease from our landlord. The last building we were in sold and we were on a month to month lease which we were told was going to end Dec. 31st. So we were desperate for a new place without much time to look. I have asked our new landlord for a lease many times starting two and a half months ago and he always says that he will get it done in the next week or so. I told him that when I got a lease I will pay my rent. We got a letter from him mid-February stating that "we were two months behind on rent and that we must still pay rent until the lease in complete". I paid Jan. & Feb. rent at that time and told him again that we would like to get a lease by March 1st. It is now Mrach 1st and still no lease.
Here is where I am in a pickle (sorry this is so long). We spent two weeks moving, painting, and setting up our business forms with the new address. How can I get this guy to get me a lease before I invest any more money into this place? My fear is that I will make him mad and he will tell us to be out in thirty days. I would like to stay in this location for hte next several years.

**A: you have not asked a legal question.
 

mbark777

Junior Member
legal question

Sorry,
Is the verbal lease we agreed to legal until I get something in writin? And, do you know if there is some type of letter I can send him that will help me cover my a.. until I can get this yahoo to do his job?
Thanks, M-
 

HomeGuru

Senior Member
mbark777 said:
Sorry,
Is the verbal lease we agreed to legal until I get something in writin?

**A: yes, it is prefectly legal.
*******
And, do you know if there is some type of letter I can send him that will help me cover my a.. until I can get this yahoo to do his job?

**A: how about the letter A. Is that the right type? If not try the letter B next.
*******
Thanks, M-


**A: no problem.
 

mbark777

Junior Member
??????? Huh ?????????

"Letter A or Letter B" ?!?!?!?!?!?!? Are you trying to be funny or am I missing something?
 

WhiteMidnight

Junior Member
If you took possession of the property without a lease the Landlord is under no obligation to give you one. It's a trick a lot of Landlords in my county use (and probably everywhere else too).

I would start looking for another business location if I were you. And make sure you get a lease before you take the keys.
 

mbark777

Junior Member
I didn't take possession without a lease. I took possession with a verbal lease. What I am really needing to know is, Can he tell us to leave when I got a verbal lease with a witness present?
 

ENASNI

Senior Member
hmmm

There is another thread on Verbal leases on this board... It could be the other guy... weird...

Has that happenend before where opposite parties are posting here at the same time...
just wondering didn't mean to hi-jack or nuttin....

Back to regularly scheduled bashing of tenant not getting written lease...

Sorry mbark but that was dum da de dumb!
 

WhiteMidnight

Junior Member
hmmmm.....
Was the verbal contract for a month to month lease or for a long term lease?
If it was month to month, as long as he goes about it legally, he can terminate the contract at any time. If it was a long term agreement, it really all depends on how a judge would see it. As far as the witness is concerned, a judge would have to take into consideration who the witness is. For instance, if it is a relative the person could be considered biased.

Did he actually say in the original verbal agreement that he would provide you with a lease? Or did you ask him for it later?
 

mbark777

Junior Member
Thanks White Midnight for actually addressing this as serious as I am taking it. It never ceases to amaze me how other people can find someone elses difiiculties humorous. Unfortunately those are type of people that haven't had enough difficulties and needed advice before.
This was a verbal 5 year lease. the witness is my wife, but shouldn't be considered biased because she'd lie to get me INTO trouble if she could (just kidding). And the landlord told us he would get us a lease at the time we paid the deposit (before we ever moved in)
So do I have a leg to stand on?
 

HomeGuru

Senior Member
mbark777 said:
Thanks White Midnight for actually addressing this as serious as I am taking it. It never ceases to amaze me how other people can find someone elses difiiculties humorous. Unfortunately those are type of people that haven't had enough difficulties and needed advice before.
This was a verbal 5 year lease. the witness is my wife, but shouldn't be considered biased because she'd lie to get me INTO trouble if she could (just kidding). And the landlord told us he would get us a lease at the time we paid the deposit (before we ever moved in)
So do I have a leg to stand on?


**A: the only legal leg you have is that you have a month to month lease, therefore can give you 30 days or earlier notice to vacate. Note that since this is a commercial lease the Kansas residential L/T law does not apply.
Lastly, per the statues of frauds, the 5 year lease must be in writing to be enforceable.
 

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