Brand new commercial building after the divorce and a Tenant is not paying: now what?
So you fought for the small commercial building in the divorce and you got it. So now the tenant who has been there since before you and your (now ex-) husband bought the building has decided not to pay rent any more — do you need to hire an attorney or can you handle the issues yourself.
Failure of occupant to pay rent—issues:
Is the occupant a Tenant?
1. If not what kind of lawsuit must be filed to get rid of the occupant?
2. If a Tenant, what if any notice must the Tenant receive?
3. If a rent and possession lawsuit is filed what are the consequences of overstating the rent due?
Failure of Tenant to vacate at end of term—issues:
1. What if any notice to the Tenant is required?
2. What kind of lawsuit to file against the Tenant and where?
Tenant has vacated leaving damages—issues:
1. What does Landlord do with a security deposit?
2. What is “normal wear and tear” and what is not?
3. Is there a time limit within which Landlord must act?
An issue in every situation is whether or not an “entity” (corporation, Limited Liability Company) may file suit without an attorney. In the opinion of Alan B. Weber, an attorney in Clayton whose practice is primarily in the area of Landlord-Tenant, Landlords should always use an attorney in a Landlord-Tenant dispute.
If a dispute arises because the Tenant has merely fallen behind in its rental payments because of financial problems, the Tenant is generally able to represent itself. If the dispute arises for other reasons, then Alan B. Weber would advise hiring an attorney.
Information for this article was provided by Alan B. Weber, Attorney at Law. Alan has many years of experience with residential and commercial leasing and he may be reached at (314) 854-1358.