Consequences of breaking lease?

[F357]

What is the name of your state (only U.S. law)? OR

I have a commercial tenant who is in violation of their lease. (Too much noise) They do not have a standard complicated lease, just one page with a list of rules, and cost of rent. They have approximately 21 months left on their lease.

What consequences are there if this person decides not to obey the lease? I can evict them, but then, I no longer have a paying tenant. Are they still responsible for paying off their lease if they get evicted for not following it?

 

[STEPHAN]

Well, that’s what should have been in your lease, especially if it is a commercial lease.

 

[Just Blue]

What is the name of your state (only U.S. law)? OR

I have a commercial tenant who is in violation of their lease. (Too much noise) They do not have a standard complicated lease, just one page with a list of rules, and cost of rent. They have approximately 21 months left on their lease.

What consequences are there if this person decides not to obey the lease? I can evict them, but then, I no longer have a paying tenant. Are they still responsible for paying off their lease if they get evicted for not following it?

Why should the tenant pay for over a year and a half rent after they are evicted? You will have to find another tenant. Chalk it up to the cost of doing business.

Your Attorney or Business Manager should have told you this.

 

[latigo]

What is the name of your state (only U.S. law)? OR

I have a commercial tenant who is in violation of their lease. (Too much noise) They do not have a standard complicated lease, just one page with a list of rules, and cost of rent. They have approximately 21 months left on their lease.

What consequences are there if this person decides not to obey the lease? I can evict them, but then, I no longer have a paying tenant. Are they still responsible for paying off their lease if they get evicted for not following it?

You are receiving rent because of the existence of a lease agreement that has created a landlord/tenant relationship. "Verdadero"?

If the tenant is evicted for breaching the terms of the lease, the landlord/tenant relationship thus ends. "Comprender"?

If that seems illogical, say so and perhaps someone can be more graphic, like a video of a cake being devoured.

 

[LdiJ]

What is the name of your state (only U.S. law)? OR

I have a commercial tenant who is in violation of their lease. (Too much noise) They do not have a standard complicated lease, just one page with a list of rules, and cost of rent. They have approximately 21 months left on their lease.

What consequences are there if this person decides not to obey the lease? I can evict them, but then, I no longer have a paying tenant. Are they still responsible for paying off their lease if they get evicted for not following it?

I agree with the other responses and will add...did you comprehend what kind of business they were when the lease was entered into? Is the noise level consistent with that type of business? If the other tenants are complaining it could be more your fault than the tenant's for not grasping that the business in question might produce more noise than your other tenants could tolerate.

For example if you leased space to a nightclub, or hip hop dance studio or recording studio right next door to a professional office or daycare, that one's on you. I know of a similar case where the landlord couldn't evict anyone, but had to pay for soundproofing.

 

[F357]

What a bunch of ignorant replies! You are all making a bunch of assumptions you have no evidence to make.

Well, that’s what should have been in your lease, especially if it is a commercial lease.

What does that have to do with the question I asked? I shoulda bought a bunch of Apple stock in 1985, but that didn't happen either.

Why should the tenant pay for over a year and a half rent after they are evicted?

Where did I ever say I think they should do that? I was simply asking how the law works.

You are receiving rent because of the existence of a lease agreement that has created a landlord/tenant relationship. "Verdadero"?

If the tenant is evicted for breaching the terms of the lease, the landlord/tenant relationship thus ends. "Comprender"?

So in other words you're trying to say any commercial tenant who wants to exit their lease can simply break the rules and be evicted without consequence. That isn't how it works.

did you comprehend what kind of business they were when the lease was entered into? Is the noise level consistent with that type of business? If the other tenants are complaining it could be more your fault than the tenant's for not grasping that the business in question might produce more noise than your other tenants could tolerate.

This also has nothing to do with what I asked. They broke the rules they agreed to be bound by, the end. Other tenants do not matter. The type of business does not matter. If I lease a space to a doggy day care and add "no barking", then they can be evicted for barking.

 

[I'mTheFather]

What a bunch of ignorant replies! You are all making a bunch of assumptions you have no evidence to make.



What does that have to do with the question I asked? I shoulda bought a bunch of Apple stock in 1985, but that didn't happen either.



Where did I ever say I think they should do that? I was simply asking how the law works.


So in other words you're trying to say any commercial tenant who wants to exit their lease can simply break the rules and be evicted without consequence. That isn't how it works.


This also has nothing to do with what I asked. They broke the rules they agreed to be bound by, the end. Other tenants do not matter. The type of business does not matter. If I lease a space to a doggy day care and add "no barking", then they can be evicted for barking.

Why ask any questions if you already know the answers?

 

[quincy]

What a bunch of ignorant replies! You are all making a bunch of assumptions you have no evidence to make.

What does that have to do with the question I asked? I shoulda bought a bunch of Apple stock in 1985, but that didn't happen either.

Where did I ever say I think they should do that? I was simply asking how the law works.

So in other words you're trying to say any commercial tenant who wants to exit their lease can simply break the rules and be evicted without consequence. That isn't how it works.

This also has nothing to do with what I asked. They broke the rules they agreed to be bound by, the end. Other tenants do not matter. The type of business does not matter. If I lease a space to a doggy day care and add "no barking", then they can be evicted for barking.

Aren't you the charming one, F357, especially since your questions, as posed, were answered correctly by all who responded. I have no doubt you will find something objectionable about what follows, as well.

Landlord/tenant laws in Oregon changed this year and the changes went into effect on July 1. If a tenant violates the lease, you as landlord should issue a written warning, describing the violation and noting that a fee will be charged if there is a second violation. You must, with this written warning, say what the fee is that will be charged. With a second violation and within 30 days of the second violation, you can charge your tenant up to $50. With a third violation and within 30 days of the third violation, you can charge your tenant the $50 fee plus 5% of the monthly rent.

Termination of leases, which can be supported with some violations, should come with a 30-day for-cause notice. Other conditions apply.

You can find an attorney in your area to discover exactly what the "some violations" are, and what the "other conditions" are, and to answer any other questions you may have that are specific to your situation. Perhaps if you are paying for advice, you will be more pleasant.

Here is a link to the Oregon State Bar Association website: http://www.osbar.org/

And here is a link to a cake being devoured: http://youtube.com/watch?v=6WghTr6YA3s

 

[LdiJ]

What a bunch of ignorant replies! You are all making a bunch of assumptions you have no evidence to make.



What does that have to do with the question I asked? I shoulda bought a bunch of Apple stock in 1985, but that didn't happen either.



Where did I ever say I think they should do that? I was simply asking how the law works.


So in other words you're trying to say any commercial tenant who wants to exit their lease can simply break the rules and be evicted without consequence. That isn't how it works.


This also has nothing to do with what I asked. They broke the rules they agreed to be bound by, the end. Other tenants do not matter. The type of business does not matter. If I lease a space to a doggy day care and add "no barking", then they can be evicted for barking.

Actually the bolded would be completely incorrect. It isn't the landlord who ultimately decides whether or not someone is evicted. It is the judge that hears the eviction case. A judge WILL care about the questions I asked. You see, rules that are considered to be unconscionable or unreasonable may not be able to be enforced. Therefore, if your tenant is producing noise that is typical and standard to its type of business, you could lose the eviction case.

 

[BL]

If you're the Buss. you shold already have an Attorney. As was said.

Why are there so many poster's on here to start this stuff in the first place. Seems like they need tethering.