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11 Replies Last post: Aug 12, 2008 3:47 PM by littl1dk

BEHIND ON MY COMMERCIAL LEASE NEED ADVICE

Jan 14, 2008 3:09 PM

Click to view giorgioa's profile Authority giorgioa 43 posts since
Jan 9, 2008

I am behind on my lease 3 months for a commercial lease. I am in florida. What is the process of eviction. How much time do I have. Just a rough estimate.
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Click to view DomainDiva's profile Mogul DomainDiva 1,732 posts since
Oct 10, 2007
1. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 3:30 PM
You need to revisit the default section of your business space lease. All of your questions can be answered there. Have you discussed this with the landlord?
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
2. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 3:57 PM
If memory serves me correctly, I believe we discussed this once before.
There is no "set time" for eviction proceedings. It is based on your particular lease with the landlord.
You should setup a time to speak to the landlord.

CC08
Click to view giorgioa's profile Authority giorgioa 43 posts since
Jan 9, 2008
3. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:00 PM
in response to: DomainDiva
Hi I have discussed this with the landlord. I have asked to have rent lowered and possibly free rent so I can catch up. They said no. I am one year new. I have a big following but not enough traffic in our plaza. There are 5 empty spots and two of the 5 are huge. So I don't get a lot of traffic. Most of my customers come from my advertising efforts and from 2 good restaurants in the plaza. I do not want to give up. But I don't have enough people coming in and buying. I read the lease it is very confusing. I am sure there is something that they have to serve me legally. Can you think of any other options ?
Click to view Buffalo's profile Mogul Buffalo 171 posts since
Oct 17, 2007
4. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:22 PM
in response to: giorgioa
Take the lease to a lawyer and have him explain it to you. He can also explain the eviction process to you.
It doesn't sound like the landlord is willing to give you any leeway. So unless you can come up with the rent I'd start thinking about what to do when it comes time to move out.
You don't have to give up but you might have to re-think your business plan and make changes according to your circumstances.
Click to view LUCKIEST's profile SCORE LUCKIEST 7,938 posts since
Aug 6, 2007
5. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:29 PM
What kind of business?? You said There are 5 empty spots. Maybe you can move into a smaller space
in the same building or find a new location with more traffic.
As Buffalo said Talk to your lawyer.
LUCKIEST
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
6. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:45 PM
In most juristictions, you'd be served with a 30 notice to vacate -- meaning you'd have 30 days to close the store and get out once the notice was served. Your lease would spell out the terms of how far behind you can get on your rent before the landlord could serve notice, but whether you understand the terms in the lease or not, I'd just assume you're already past that point. There's no "rule" on how quickly after that a landlord must take action to serve and evict you -- it generally depends on whether your commercial space is in demand and on how well it's being maintained. It sounds as though there are no other prospects who'd want to lease it anyway, and that you are taking good care of the shop (not letting the property value decline) -- that's probably why the landlord has been patient so far. My main suggestion is to keep in touch with the landlord -- pay what you can, even if it isn't the full amount. With that much empty space around you, they'll probably figure that something is better than nothing, so long as you're keeping the place up. (But also be aware that the whole complex may be on the market, and if it sells, you'll probably get your 30day notice soon after.)

I hope this helps, and I hope you recover and get back on track soon. Best wishes.
Click to view giorgioa's profile Authority giorgioa 43 posts since
Jan 9, 2008
7. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:54 PM
in response to: Buffalo
Hi good answer. i am looking for an attorney right now. I appreciate the advice. What other options can there be. I know an attorney can guide me. Just curious if you had any ideas?
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
8. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 4:56 PM
in response to: giorgioa
gior,

The thing that concerns me is why you are behind.
Is your business not surviving or are you going through a slow period?
Would financing help you through?
Can you give us a few more details?

CC08
Click to view giorgioa's profile Authority giorgioa 43 posts since
Jan 9, 2008
9. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 14, 2008 5:25 PM
in response to: CorpCons08
Hi this is our first year in business. Jan 8 would make it a year. We have carried the business this far. It is our first year so we figured it would take time for people to find us. Financing would help us. But our credit is now bad. We are behind about $14,000. that would bring us current. we are in what is considered the season. meaning this is the busy part of the year. but we don't see it.
Click to view giorgioa's profile Authority giorgioa 43 posts since
Jan 9, 2008
10. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Jan 25, 2008 2:44 PM
in response to: Lighthouse24
Hi I am back in the game. I just recieved a loan from a private investor. Sometimes its all about who you know and what you know. I appreciate all the advice from everyone.

thanks

giorgio
Click to view littl1dk's profile Start-up littl1dk 1 posts since
Aug 12, 2008
11. Re: BEHIND ON MY COMMERCIAL LEASE NEED ADVICE Aug 12, 2008 3:47 PM
in response to: giorgioa
Was your private investor someone you knew or did you find them from this site? Our business is in need of some private investing to consolidate some high interest debt.