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-   -   Tell me about being evicted (http://forums.pelicanparts.com/off-topic-discussions/439340-tell-me-about-being-evicted.html)

KevinP73 11-04-2008 02:45 PM

Quote:

Originally Posted by Kurt V (Post 4282100)
In the future, keep your plans to yourself.

P.S. aint that the truth!! I think I'll have that tatoo'd on my private parts.

the 11-04-2008 02:47 PM

If you and I had entered into a contract where either of us could tell the other to leave on 5 minutes notice, I would honor your request!

The contract cuts both ways. Imagine your situation were different, you found a great new place and needed to jump on it. You go to give your 30 days notice, and he says, "Gee, kinda hard to find a new tenant, so I want you to just stay an additional 6 months."

It's a risk for both the tenant and the landlord.

He doesn't need to "pressure" you to leave. He could just kick you out on 30 days notice. It sounds like he is trying to work with you above and beyond what he is required to do.

KevinP73 11-04-2008 02:57 PM

Maybe so but you can bet I'm digging out the original contract and looking it over real close. It's hard to not take this personal.

the 11-04-2008 03:05 PM

Reading the contract carefully to understand your rights and obligations is always a good idea.

Unless you have left something out of your posts, I don't see why you are taking it personal. You say you have had a great relationship, no problems, etc. But you are for sure leaving, he has a great new tenant willing to step right in, which he may lose if he waits too long. You haven't posted anything which would lead one to believe he is doing this for personal reasons, or to try to screw or punish you. Sounds like plain-vanilla business to me.

Tishabet 11-04-2008 04:39 PM

Quote:

Originally Posted by the (Post 4282132)

The contract cuts both ways.

Agreed. If I were your landlord, and this was my business, I would do the same thing... he's got to protect his business, even if that's coldblooded.

Since I'm not your landlord, let me say... that sucks man. I assume your business is not one you could move to your home or something like that?

KevinP73 11-04-2008 05:06 PM

I do have a "last resort" place to take it but as I say it's only a last resort. I'll start looking for another place on my weekends. With only a couple months left this is more of a distraction then anything else.

RWebb 11-04-2008 05:20 PM

sounds like there is NO written contract

can you clarify?

KevinP73 11-04-2008 06:01 PM

There is a rental agreement that was signed when I first moved in. I have to review it and see if there is anything specific regarding this situation.

RWebb 11-04-2008 06:10 PM

rental agreement = contract

dtw 11-04-2008 06:16 PM

Kevin, what's next for you? This tenant thing aside, I mean.

KevinP73 11-04-2008 06:47 PM

Quote:

Originally Posted by dtw (Post 4282556)
Kevin, what's next for you? This tenant thing aside, I mean.

I'm going to finish the work that I have in the shop right now. I still have to eliminate my credit card debt which shouldn't take much longer. I'll continue to develope my line of kayak and paddlesports accessories and if all goes well I'll be in the Pacific Northwest by the end of 2009.
Wish me luck.

slodave 11-04-2008 07:03 PM

Quote:

Originally Posted by KevinP73 (Post 4282634)
paddlesports accessories
Wish me luck.

Sounds kinda kinky. What ever floats your boat man.

Noah930 11-05-2008 07:01 AM

Quote:

Originally Posted by the (Post 4282132)
It sounds like he is trying to work with you above and beyond what he is required to do.

I don't know about the "above and beyond" part. "Above and beyond" is what Kevin did a few weeks ago during the fires in the LA area, when he put an open offer on Pelican to store peoples' cars in his shop until the fire danger was over.

The landlord is not being totally unfair to Kevin, but it's not like he's being some saint, either. While the landlord's offer of "double your rent, or else" is more than he is required to do within the scope of the rental agreement, it does not jive with my concept of "above and beyond."

speeder 11-05-2008 07:27 AM

FWIW, (and if it makes you feel any better), I've seen this tactic backfire on some LLs lately in the quickly-changing RE economy. They got rid of a good tenant because someone offered much more, then *Mr. double rent's plans didn't pan-out so he had to take a dump on the whole arrangement and now LL has an empty space that brings in a donut hole. Funny how greed can bite you in the ass.

Good luck, but as the others said it sounds like you are out of there.

KevinP73 11-05-2008 08:06 AM

I'll make an appointment to see the attorney later but in the meantime unless I'm reading this wrong there is NO current agreement.
The "expiration date" on the contract is June 22, 2001. Does that mean the contract is no longer in effect after that date?

rfloz 11-05-2008 08:22 AM

Quote:

Originally Posted by KevinP73 (Post 4283708)
The "expiration date" on the contract is June 22, 2001. Does that mean the contract is no longer in effect after that date?

No. If you stay past the end date, the lease is month-to-month (even if it wasn't to begin with) on the same terms. So, yes, he can most likely give you 30 days notice and then file for eviction. But, do have a real estate knowledgeable attorney review it and, perhaps, try to negotiate a settlement.

Sorry to hear you plan on leaving So Cal; you have a reputation for doing great work.

Good luck.

KevinP73 11-05-2008 08:34 AM

Not the answere I was hoping for but Oh well. Looks like I'm fighting a losing battle here.
Anybody want to buy some used body shop equipment? I've got some pallet racks for sale, a really big air compressor, a portable hoist from Snap On, really big work bench....
Maybe I should have a going out of business auction/party.

dad911 11-05-2008 09:49 AM

Is it too late for negotiations and working something out? He doesn't want to evict you, you don't want to leave, perhaps the answer is for you to move somewhere else in the complex for the 6-12 months you seem to need, at a reasonable rent. Or perhaps you can sublet space from the other body shop?

KevinP73 11-05-2008 10:54 AM

I've already talked to my neighbor about renting a bay from them and it's a possibility. Frankly of all the options I've explored that one would be the best. I'll have to pass it past my LL but from past experience he is not real fond of subletting. There is a paragraph in the lease agreement that prohibits it.

Noah930 11-05-2008 10:56 AM

Quote:

Originally Posted by dad911 (Post 4283988)
Is it too late for negotiations and working something out? He doesn't want to evict you, you don't want to leave, perhaps the answer is for you to move somewhere else in the complex for the 6-12 months you seem to need, at a reasonable rent. Or perhaps you can sublet space from the other body shop?

That was my thought, too. Can you suggest to the landlord that he look into taking a bay or two off of the body shop? The body shop might be interested in lowering their overhead, if business is really that bad.


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