2:29 PM 04/13/2012
I am an artist who currently sublets another art studio on a month to month lease in a commerical building.
My tenant has not paid rent this month, and does not answer calls or emails. I suspect he is irritated at me because, unavoidable by me, MY landlord (owner of building) has been difficult by not fixing things in a timely manner, leaving studio doors opened when doing repair work. I have apologized and done the best I can to tell building owner not to leave doors open when doing work, etc, but it seems MY sublet tenant is not tolerant and upset by this.
At this point I'd ideally like my tenant to move out, because he is intolerant of the inefficient ways of the buiding owner, but there is nothing I really can do about that- it is what it is.
Can I give a 30 days notice to vacate the studio due to nonpayment of rent? Any advise on how to either get the tenant to pay rent or get out without having to go through a legal eviciton battle?
You'll probably have to speak with an attorney. There are too many unknowns here to even guess at what your rights are. For example, do you have a lease, did you give your subtenant a lease, is the space legal for the purpose it's being used for, why would doors being left open cause a tenant not to pay rent (seems like more is going on here), is the space being used as a residence or just a work space etc etc?
6:29 PM 04/13/2012 | 0 Votes
I been there, and it is unpleasant, but your rights are clear. You are a commercial tenant. If you don't pay rent it is a violation of your lease and your landlord will not tolerate this. Neither should you. Go do your art, you don't need this stress. Get a book on contract law (like "For Dummies" or similar) and read your lease. Apply those principals. This is not going to housing court. I am not a lawyer, and this is not legal advice, but maybe you should end your business with this person by informing them of how they are in violation of your agreements and do not establish any implicit new agreements by accepting partial payment or any payment. Get a replacement lined up.
10:28 AM 04/14/2012 | 0 Votes