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UCC and Leases?

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Str87daze

Junior Member
undefinedWhat is the name of your state? KY

I had a lawyer review the lease that we gave to a tenant and again before we acted, but now I am wondering if he told me the correct info. I have a commercial property, which I sort of inherited and didn't really wish to become a landlord, but here I am. The lease stated that the tenant rent was due on the 1st of each month, with a five day grace before late fees were added. If they did not pay and went into default, they had 15 days to cure the default. If they didn't then the Landlord (lucky me) could elect to terminate. Once the termination notice was issued the tenant had 5 days to vacate. If they failed to vacate, the lease stated that the office would be locked and the abandoned property could be liquidated.

When the tenant appeared to be a problem, I had the lawyer reread the lease and he okayed it. I gave all the proper notices, which were ignored. I even tried calling the man a few times, at which I was told that I'd be waiting a long time, if I were waiting on rent. After the default period ended, I gave him notice that he had not cured the default and I would be terminating. I told him to refer to his lease and that as the lease stated, he had to vacate in 5 days. FOr some reason he ignored me, and stayed put. I changed the lock after 6 days. His lawyer sent me a letter that I illegally evicted him. the man has since called and said he wants to work it out, but he needs his stuff first. I am afraid that if I give him his stuff, he will just continue not to pay. The unfortunate part about this is that I found out after he became a tenant that he had a criminal history of fraud in another state. I only search the criminal records of our state. I am not rich and can't afford to pay another lawyer for advice. Thanks for any serious answers. :)
 


HomeGuru

Senior Member
Str87daze said:
undefinedWhat is the name of your state? KY

I had a lawyer review the lease that we gave to a tenant and again before we acted, but now I am wondering if he told me the correct info. I have a commercial property, which I sort of inherited and didn't really wish to become a landlord, but here I am. The lease stated that the tenant rent was due on the 1st of each month, with a five day grace before late fees were added. If they did not pay and went into default, they had 15 days to cure the default. If they didn't then the Landlord (lucky me) could elect to terminate. Once the termination notice was issued the tenant had 5 days to vacate. If they failed to vacate, the lease stated that the office would be locked and the abandoned property could be liquidated.

When the tenant appeared to be a problem, I had the lawyer reread the lease and he okayed it. I gave all the proper notices, which were ignored. I even tried calling the man a few times, at which I was told that I'd be waiting a long time, if I were waiting on rent. After the default period ended, I gave him notice that he had not cured the default and I would be terminating. I told him to refer to his lease and that as the lease stated, he had to vacate in 5 days. FOr some reason he ignored me, and stayed put. I changed the lock after 6 days. His lawyer sent me a letter that I illegally evicted him. the man has since called and said he wants to work it out, but he needs his stuff first. I am afraid that if I give him his stuff, he will just continue not to pay. The unfortunate part about this is that I found out after he became a tenant that he had a criminal history of fraud in another state. I only search the criminal records of our state. I am not rich and can't afford to pay another lawyer for advice. Thanks for any serious answers. :)
**A: commercial leases are not like residential leases. In a commercial lease, it is legal to lock-out a tenant for default.
 

HomeGuru

Senior Member
Str87daze said:
undefined Thanks for the peace of mind. I appreciate your response. :)

**A: good luck and next time a tenant gets behind in rent, have your attorney send a default letter.
 

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