Tenant threatens to trash property unless landlord pays $10,000

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My 11-year tenant is supposed to vacate his commercial space at the end of the month, with three months of rent likely to remain unpaid. His business (recording studio) failed, his partner removed and liquidated the equipment. Two weeks ago I signed an agreement with the tenant and this partner, to remove the partner's liability in exchange for about $10,000 of tenant improvements, which became my property on that day. These include a small built-in kitchen, shower, tiled floor, etc., all paid for by the partner. Today, the tenant says that, unless I pay him $10,000, he will "remove" these items. This will require a jackhammer and there is not enough time left to restore the space to a rentable condition. Tenant says he has nothing left to lose and will declare bankruptcy, so any claim against him will be a waste of time.

I didn't raise his rent for 11 years, so I'm not about to pay 10 grand for something that is legally mine. That would be surrendering to extortion. Any eviction or injunction procedure will be too slow to prevent costly damage from this despondent individual. Am I allowed to "move into" that unit with "friends" until he is gone, to keep him under control? It is, after all, my building. Should I file a police report? (I have answering machine recordings of his threats). Police is likely to ignore the matter until damage has occurred. Or worse, they'll go talk to the tenant, then wlk away. Police rarely do prevention work to protect property, and this doesn't generate "revenue". I also doubt that intentional destruction is covered by my insurance. Any ideas, precedents, case law, advice (legal rather than illegal, please!) Thank you.h

 

[jlw1000]

I have has a similar experience. A tenant demanded that I let her live rent free indefinately or she would destroy my property. When the police were called, she confirmed her threat! The police REFUSED to do anything for assistance.

When I still proceeded with the eviction she made good on that threat, & threatened toshoot my husband. I reported this to the police & still nothing. I went to the courts to try to speed up the eviction process, instead they gave her extensions for bogus reasons (i.e. could not get off of work, had to get her rent receipts together--when she wasn't paying rent, etc.)

I doubt the police or courts will do anything & this creep will probably make good on his threats. You could hire an attorney, but in my experience they are just as useless as the police & courts (even more so, since they tend to slow down the process so they can get more billable hours).

The most expedient & least costly thing, pay the $10k on move out day. It will cost you far more if he damages your property, I can assure you he probably will not stop with the removal of these items.

 

[Cvillecpm]

Do a "sting" with the media. Get everything on tape or video and file criminal charges for extortion against tenant. Put him in jail and get him out of the property.

FYI....anything built into the property already IS your property so paying the $10,000 was stupid. A real estate attorney should have explained the different between trade fixtures AND fixtures that become personal property....a bathroom is NOT a trade fixture.

For anyone who has had the police refuse to do anything, take your story to the media - print and TV. These are the things they LOVE to cover.

 

[JETX]

One more suggestion... get an attorney and request an injunction to allow you to secure the premises based on the breach of the lease. Based on the evidence you have, the court will probably allow you to secure the premises (change the locks, etc.). If the (now former) tenant violates trespasses and destroys the property, you can file both contempt and criminal charges against them.