My business requires that customers will trust my business will be here for a long time, and the FOR LEASE sign is really hurting me. I'm month to month tenant, holding over from a 3 year lease that said the landlord couldn't place a for lease sign more than 90 days before my lease expired.
Your lease expired and now you're month to month. Talk to the landlord and maybe get a new lease. Try to work it out as is it easier than going to court.
This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com
Employment / Labor Attorney
Have you considered putting up an equally large sign announcing that you are moving to a better location? That should stop the bleeding, assuming it is true and that you are not folding the business.
As to the 90 day restriction, since you are month-to-month, it seems to me that the landlord has every right to put up the banner, since you can be ousted with short notice. Perhaps this is a not-too-subtle way of forcing the issue, goosing things along to where you leave or renew?
This answer is made available by the above lawyer for educational purposes only. It is also offered as a public service to give you general information and a general understanding of the law. This answer is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. And, no attorney-client relationship has been formed. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. Only when a complete interview takes place is it reasonable to rely on legal advice.
The answer lies in your former lease. Your rights after expiration of the original lease are usually very limited. You are what is called a "hold over" tenant. This means that you usually pay rent that is higher and the landlord can kick you out of the lease upon 30 days notice. Since the landlord is putting up that banner, I would think he or she intends to terminate your month-to-month lease and find a more permanent tenant. If you want to negotiate for a new lease with the landlord I would certainly recommend you do that ASAP. The 90 day provision in your former lease is not likely to be applicable since your lease expired.
What ever you do, do not put up a competing sign or banner, as suggested by one of the other attorneys.
This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.
Elder Law Attorney
Yes, your landlord can put that sign up. But if you are planning on staying at your current location know is a great time to negotiate your new lease. There is a lot of open space available in Fullerton and your landlord is probably very aware that you have options. You can probably negotiate good lease terms. If you are looking for a new location then I recommend you Contact Tom Able or Cameron Irons, a good commercial real estate agent can be a great asset when you are negotiating your lease. Remember, you want to be able to stay in your location to show stability, and your landlord wants a good long term tenant. you have the same goal.
Every situation is different, it is important to discuss your legal issue with a knowledgeable attorney in your jurisdiction. To schedule an appointment with me please contact me at 800 220-4205 or www.MartyBurbankLaw.com