Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
You need to be talking to an Attorney, not people on a forum. But since you asked, it would not be wise to take the law into your own hands by denying them access......don't even think about it. Secondly, the previous owner is another issue altogether. Them accepting the checks and now claiming they are for past due rent is theft, IMO.
You have a mess on your hands and with today's laws protecting even squatters, you will not get a fast resolution. Time to let a professional handle it for you, then sue the tenant and previous owner for what you should have been paid once they are out. In the meantime, keep accurate records of every conversation and contact, those will be very important at court time.
Liens have a funny way of making people suddenly cooperative.
Huge assumption. He said he bought the property. Buying a business is a different entity entirely.
Well since its a commercial property most likely he inherited the leases and honoring of the agreements that came with the property. So therefore he inherited the money that those leases generate for present, future and past. However the lease transfers to the new owner. If you're past due you're past due on the lease. The owner of the lease agreement whomever he or she may be is the rightful owner of the revenue generated by the lease. Even if he didn't buy the business he bought a lease/account that was past due when purchased.
Someone has to be paid for the past due amount.
But you're right I did assume. I strongly suggest OP goes and speaks to a real estate lawyer.
You don't have a rental agreement with this tenant, do you?
Doesn't really matter. The new LL has to abide by the existing lease terms. When he bought the place he inherited the tenant and the cash flow from that tenancy. It would be no different than me selling a occupied rental to another person. That person would have to accept the lease tenant and rent amount. The tenant would now start paying the new LL not me.
Doesn't really matter. The new LL has to abide by the existing lease terms. When he bought the place he inherited the tenant and the cash flow from that tenancy. It would be no different than me selling a occupied rental to another person. That person would have to accept the lease tenant and rent amount. The tenant would now start paying the new LL not me.
I am curious regarding the contract, and the lease. They do matter.
And, the OP needs to be on the phone to an attorney. Today.
Since you are asking such a question, you should find out if you can legally change the locks.
i.
Right. No indication what State OP is from. Just changing the locks without going through the court here in Delaware could be a BIG problem and cost OP money
I agree that you need to contact an attorney with a real estate practice. A couple of strongly worded letters might resolve the situation.
If not, eviction proceedings to follow. Once again, you'd be wise to follow an attorney's advice.
You could always start bringing potential new tenants through to view the property. Encourage them to be enthusiastic about the possibilities of the space. This should get the message through to your current tenant that you are moving on with things and if they want to stay, they better do so as well.
I believe you can only deal with the issue at hand. You KNOW the tenant is not paying you rent. You can't know the tenant is paying the former owner. Unless he shows you his returned checks that were signed by the owner.
So, you can ask him nicely before suing, to go with you to the nearby copy center with the checks and copy them back and front ...a few times. One for you, one for the court, one for an attorney, one for the previous owner...just in case so you don't wind up short a copy. Tell the tenant oh, you'd like to work with him and really need is help and proof because you have to answer to people.
When you have the proof you can also sue the former owner for theft, conspiracy, whatever.
And, of course, the tenant for non-payment.
And, of course, if the tenant hems and haws maybe the former owner is telling the truth and the guy was always a slow pay.
But don't waste money suing a possible thief based on the word of the thief you know (the tenant) until you have proof.
Huge assumption. He said he bought the property. Buying a business is a different entity entirely.
The OP has the assignment of rents, where is the assumption? The OP stated the previous owner had used an excuse of back rents, which mean if there wasn't an excuse, then the rents would be going to the current owner. Did the contact include that the past rents were due to the previous owner or current is up to the contracts, interpretations, and possibly a judge or arbitrator. In any case, the previous owner doesn't see eye to eye with the current owner, so now it is time for real professional.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
