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what do you do when a lease runs out on a business and the people refuse to sign a new one.
New London, OH
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Posted about 1 month ago in Contracts / Agreements
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I sold a business 2 years ago and the people that bought it wanted to buy the building in 2 years so I rented the building and property to them for 2 years. now that time is up and they can't buy it. I have to sell, I can't work because I take care of my98 yr. old mother and my boyfriend is disabled. They have also listed the business for sale, in 2 years they were never late with the rent, now they refuse to sign a lease and they are giving me a hard time about paying the rent. I really don't want to evict them because then I have no chance at getting any rent and the property will be harder to sell empty. please give me some advice, can I have a lawyer send them a registered letter with the day rent is due and how much it is, will this hold up in court if I have to sue them?
Answers (1)
John Michael Drain Jr.
This attorney is licensed in Ohio.
Posted about 1 month ago.
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Once the two-year lease ran out and they refuse to sign a new lease, they revert to a month-to-month tenancy if they are still in possession of the property. This means that their tenancy lasts for one month at a time. Either you or your lawyer could send them monthly invoices for rent which would hold up in court. If the case went to court and you tried to collect on the back rent, the judge or magistrate would be interested in knowing whether they continued in possession after the lease was up and whether they paid you any rent. If the rental invoices were reasonable in amount, which still could be higher than the lease rental, the judge or magistrate should give you judgment for the rent arrearage. I understand that you don't want to evict them, but as a landlord you have a duty to advise them of the stated rental, and if you don't send them invoices putting them on notice as to what you are charging for rent, then you will have a difficult time later on in court if you have to sue them for the back rents.
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