| 1. |
|
| 2. |
|
| 3. |
|
Ratings. Guidance. The Right Lawyer.
In a commercial space, if there is NO WRITTEN LEASE, but landlord collects monthly rent & allows tenant to occupy the space...
Lynnwood, WA
Viewed 60 times.
Posted 2 months ago in Landlord / Tenant
Flag as objectionable
when tenant abandons the property mid-month w/o notice to landlord, posts a sign on the door directing their clients to their new location, BUT refuses to pay the rent due for the month, what recourse does the landlord have to collect the rent due & clean up expenses totalling under $5,000? If the tenant is a 1-person LLC, can landlord go to small claims court for relief? Is this sort of tenancy just defaults to Title 59 of the RCW?
Answers (2)
Robert John Murillo
This attorney is licensed in Colorado and 1 other state.
Posted about 1 month ago.
Flag as objectionable
Not having a written lease is a problem because of statute of frauds, possibly, and more specifically because your remedies are likely not as strong as they would be under the terms of a written lease. You can certainly consider suing in small claims if the amount is under the small claims limit.
I would advise that you contact an attorney to provide a written lease and discuss the suit. For an attorney, speak with friends and family for a referral. If you have no referrals, contact your local bar association for their referral program. Good luck. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. 
Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted about 1 month ago.
Flag as objectionable
The landlord has the right to collect the rent for the month when the tenant leaves mid-month. If you can keep your damages (money you are owed) under $5,000 then small claims is an efficient way to get a judgment for the money you are owed.
Corporate entities cannot represent themselves, and lawyers are not allowed in Small Claims. This is a problem for the defendant to solve. Be sure to name the individual as a defendant in addition to the entity. There is a concept called 'piercing the corporate veil' that gets through the entity to the person so that creditors can be made whole. Hope this helps. Elizabeth Powell |
