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Legal Opinion Required - Right of Tenants

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Legal Opinion Required - Right of Tenants

Postby Tarantula » June 14th, 2018, 6:47 pm

Hey Tuners, need some advice from a legal perspective.

My wife has been renting a commercial space for her salon from the same landlord who owns most of the commercial properties in Rio Claro. She has been renting for the past 9 years and rent is always paid on time. She has never had any issues however within recency the following has happened:

- Landlord tried a thing on my wife (not physically but verbally) and she put him in his place
- A couple days later there was a strange person sweeping the building. She called the landlord to find out if the person was an employee since the jewellery store in the same building was robbed a couple weeks ago. The landlord proceeded to cuss her out and tell her she too fussy and to get the f*ck out of his building
- On Thursday my wife left the shop for her worker to lock up who did so but left the a/c and lights on and left 2 candles burning. Lighted flames are against the building rules so we accept that we did wrong. This however is the second time her worker left the lights & a/c on, there was never a previous time when lighted flames were left unattended.
- Landlord called again and cussed her out and insisted he wanted her out of his building in the morning (today). We went last night to the shop and extinguished the candles. The landlord cut the power to her shop and has not put it back on. We are trying to call him however he is not taking our calls. The mall manager said that he insists that my wife has to get out.

I acknowledge that we committed a wrong and if she has to move, she would do so.

My questions:
- How long does she have before she is required to leave? Is there a time period like 1 month or 3 months? I think it is impossible to leave immediately
- Is the landlord right in cutting off the power & leaving it off? No power = no income but rent is running
- Can the landlord have her evicted legally? Are there enough grounds for him to do so?
- What rights de we have as tenants?

Thanks in advance tuners. Bless.

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Re: Legal Opinion Required - Right of Tenants

Postby ProtonPowder » June 14th, 2018, 6:58 pm

Prefacing with saying that I'm not a lawyer.

Is there a written rental/lease agreement? That would be your lifeline right now. Read it inside and out. It should detail grounds for termination and such.

The landlord cannot just up and tell you get out or throw your stuff out. Eviction matters are dealt with before the courts and require a bailiff on site. If the landlord chooses to terminate the lease or tenancy he must indicate that in writing and can only terminate if that is a clause in the agreement, or at the end of a tenancy period.

Just bear in mind is a uphill battle right through, even if you are in the right, this can be dragged through the legal system if you choose to sue in a civil court for damages/losses to your income.

And for the love of god, fire that negligent worker responsible for leaving the candles lit. Yall not supposed to be lighting them anyway.

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Re: Legal Opinion Required - Right of Tenants

Postby rspann » June 14th, 2018, 7:01 pm

First of all, you come to the right place for legal advice. He is not supposed to cut lights or water for any reason .To get her out hehas to give a month's notice notwithstanding any agreement contrary to that. To evict ,he has to go to court and he cannot move her while it's in court. But on a real op, if you light candles in my building, worse, leave it and go home, I woulda want you out too. I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama. Go read the bailiff act and the land tenants and ratepayers act ,very interesting.

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Re: Legal Opinion Required - Right of Tenants

Postby Tarantula » June 14th, 2018, 8:23 pm

Actually if was my building I would have wanted the tenant out too. And yes he did hit on my wife I didn't make that up and worker was fired. Thanks for the feedback so far.

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Re: Legal Opinion Required - Right of Tenants

Postby sMASH » June 14th, 2018, 8:59 pm

rspann wrote:First of all, you come to the right place for legal advice. He is not supposed to cut lights or water for any reason .To get her out hehas to give a month's notice notwithstanding any agreement contrary to that. To evict ,he has to go to court and he cannot move her while it's in court. But on a real op, if you light candles in my building, worse, leave it and go home, I woulda want you out too. I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama. Go read the bailiff act and the land tenants and ratepayers act ,very interesting.

^^ this.

next place u get, try not to bun dong nobody place. if the worker has issues, better u force them out than they get u forced out.

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Re: Legal Opinion Required - Right of Tenants

Postby Ted_v2 » June 14th, 2018, 9:30 pm

So what woulda happen if he did get the brush? hmmm.

OP stand yuh ground, he has no grounds for you to evict unless you agreed to such. One month notice far as i know.

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Re: Legal Opinion Required - Right of Tenants

Postby Tarantula » June 14th, 2018, 9:45 pm

Thanks for all the opinions so far. Very much appreciated.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 14th, 2018, 10:00 pm

Landlord has to give you 30 days notice.

Are you a month to month tenant ?

Or do you have a written long term lease ? Example 1,2,3,4 etc years

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Re: Legal Opinion Required - Right of Tenants

Postby Picasso » June 15th, 2018, 6:53 pm

What is stated in the Rental contract ? Further more carry Rental Contract to lawyer. Fin

Tarantula wrote:Hey Tuners, need some advice from a legal perspective.

My wife has been renting a commercial space for her salon from the same landlord who owns most of the commercial properties in Rio Claro. She has been renting for the past 9 years and rent is always paid on time. She has never had any issues however within recency the following has happened:

- Landlord tried a thing on my wife (not physically but verbally) and she put him in his place
- A couple days later there was a strange person sweeping the building. She called the landlord to find out if the person was an employee since the jewellery store in the same building was robbed a couple weeks ago. The landlord proceeded to cuss her out and tell her she too fussy and to get the f*ck out of his building
- On Thursday my wife left the shop for her worker to lock up who did so but left the a/c and lights on and left 2 candles burning. Lighted flames are against the building rules so we accept that we did wrong. This however is the second time her worker left the lights & a/c on, there was never a previous time when lighted flames were left unattended.
- Landlord called again and cussed her out and insisted he wanted her out of his building in the morning (today). We went last night to the shop and extinguished the candles. The landlord cut the power to her shop and has not put it back on. We are trying to call him however he is not taking our calls. The mall manager said that he insists that my wife has to get out.

I acknowledge that we committed a wrong and if she has to move, she would do so.

My questions:
- How long does she have before she is required to leave? Is there a time period like 1 month or 3 months? I think it is impossible to leave immediately
- Is the landlord right in cutting off the power & leaving it off? No power = no income but rent is running
- Can the landlord have her evicted legally? Are there enough grounds for him to do so?
- What rights de we have as tenants?

Thanks in advance tuners. Bless.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 16th, 2018, 2:27 am

^^

Smart Landlords will give a month-to-month tenancy .
The Landlord above controls his tenants by controlling the electricity.

There seem to be no written contract - Subject to correction .
If a tenant becomes a problem - the tenant is out in a candle flash - but needs to give 30 days notice .

A rental lease protects both Landlord and Tenant. There are residential and commercial leases.
No contract other than a verbal month-to-month + controlling electricity protects the Landlord .

Without knowing "extra" details other than the Tenant is cussing and leaving lighting candles etc.,
It's time for the Tenant to find another business location.

It's business :wink:



* It's the chicken before the horse situation

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Re: Legal Opinion Required - Right of Tenants

Postby Tarantula » June 16th, 2018, 11:32 pm

@RedVEVO you are correct, there is no rental agreement as same was promised to be delivered after occupying the space however same was never done and I guess we were negligent in following up for it. Landlord still refuses to turn on power but states 'rent is running' and to take him to court he doh care. I am still undecided about going to court as the more time the business is down = loss of customers = loss of income. Plus I'm sure he would pay off everybody else so I would lose no matter what. Note the tenant wasn;t the one cussing, it was the landlord cuz he tried a thing behind my wife and she put him in his place and made him a fool. Mind u he has a reputation for doing this and is losing tenants but we will just have to relocate I guess.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 17th, 2018, 4:37 am

Tarantula wrote:@RedVEVO you are correct, there is no rental agreement as same was promised to be delivered after occupying the space however same was never done and I guess we were negligent in following up for it. Landlord still refuses to turn on power but states 'rent is running' and to take him to court he doh care. I am still undecided about going to court as the more time the business is down = loss of customers = loss of income. Plus I'm sure he would pay off everybody else so I would lose no matter what. Note the tenant wasn;t the one cussing, it was the landlord cuz he tried a thing behind my wife and she put him in his place and made him a fool. Mind u he has a reputation for doing this and is losing tenants but we will just have to relocate I guess.


OK but all is not lost :D

The rent is NOT running .

HE has terminated the lease unilaterally .

Did he give you a 30 days WRITTEN notice to quit or to vacate or leave the premises ?

Did you give him a security deposit when your first started to rent ?

Since his next move will be to forfeit ( i.e. not return, keep) the deposit .

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Re: Legal Opinion Required - Right of Tenants

Postby MaxPower » June 17th, 2018, 5:44 am

Hello Op,

I understand the seriousness of the situation and I really hope it works out.

Please forgive me for asking, but do you have any pics of the wife?

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 17th, 2018, 6:01 am

MaxPower wrote:Hello Op,

I understand the seriousness of the situation and I really hope it works out.

Please forgive me for asking, but do you have any pics of the wife?



The Tuner is in financial pain and sadness now . We have ALL been there .

We should assist not belittle . We should be kind and considerate .


May I suggest you send pics of YOUR wife to him ?

He really needs a belly laugh today :D

Thanks for understanding .

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Re: Legal Opinion Required - Right of Tenants

Postby airuma » June 17th, 2018, 12:30 pm

I have learnt that to succeed you need to choose your battles. In this case OP, if the landlord spoke inappropriately to your wife for the first time after 9 years.... this will sound like you made it up. These kinda people usually don't do this in an organized way IMHO. Either way, if the man interested in your wife, you should be happy to find another place to rent but the candle being lit in the first place will kinda work against you here and the longer you take, the further the word would spread.
It it were me, I would spend all of my effort removing my things from the current rental space and finding another one with a civil landlord. No need to make a lawyer happy and tie up the court's time for this since either way, I would not want to have a landlord like that.

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Re: Legal Opinion Required - Right of Tenants

Postby bluefete » June 17th, 2018, 4:16 pm

^^ What he said.

Time period to leave is 30 days notice in writing! That is the law.

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Re: Legal Opinion Required - Right of Tenants

Postby 88sins » June 18th, 2018, 7:30 am

rspann wrote:I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama.


boi, if only you knew how often incidents of landlords trying to go after female tenants occurs, whether they married or otherwise, you might actually realize it may not be a made up story.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 18th, 2018, 6:36 pm

88sins wrote:
rspann wrote:I like how you make up the story about him hitting on your wife though. Make it look like that is what started the whole drama.


boi, if only you knew how often incidents of landlords trying to go after female tenants occurs, whether they married or otherwise, you might actually realize it may not be a made up story.


He know .

Rubber Spanner is a Landlord .

He has not raised HIS rent in years .

Viagra is useless .

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Re: Legal Opinion Required - Right of Tenants

Postby rspann » June 18th, 2018, 8:21 pm

Green VEVO jelly rubber spanner ,always talking about what he has.

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Re: Legal Opinion Required - Right of Tenants

Postby ronsin1 » June 19th, 2018, 8:11 am

airuma wrote:I have learnt that to succeed you need to choose your battles. In this case OP, if the landlord spoke inappropriately to your wife for the first time after 9 years.... this will sound like you made it up. These kinda people usually don't do this in an organized way IMHO. Either way, if the man interested in your wife, you should be happy to find another place to rent but the candle being lit in the first place will kinda work against you here and the longer you take, the further the word would spread.
It it were me, I would spend all of my effort removing my things from the current rental space and finding another one with a civil landlord. No need to make a lawyer happy and tie up the court's time for this since either way, I would not want to have a landlord like that.
I would agree here you do have some rights as a verbal agreement can stand up in court but the fight is not worth it

Your time and effort should be looking to relocate.

Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space

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Re: Legal Opinion Required - Right of Tenants

Postby 88sins » June 19th, 2018, 8:56 am

ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space



in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 19th, 2018, 9:00 am

88sins wrote:
ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space



in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.


You didn't threaten Court action on your Boss for a wuk ?

So what happen now ?

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 19th, 2018, 10:07 am

ronsin1 wrote:
airuma wrote:I have learnt that to succeed you need to choose your battles. In this case OP, if the landlord spoke inappropriately to your wife for the first time after 9 years.... this will sound like you made it up. These kinda people usually don't do this in an organized way IMHO. Either way, if the man interested in your wife, you should be happy to find another place to rent but the candle being lit in the first place will kinda work against you here and the longer you take, the further the word would spread.
It it were me, I would spend all of my effort removing my things from the current rental space and finding another one with a civil landlord. No need to make a lawyer happy and tie up the court's time for this since either way, I would not want to have a landlord like that.
I would agree here you do have some rights as a verbal agreement can stand up in court but the fight is not worth it

Your time and effort should be looking to relocate.

Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space


Tenant will win his/her battle - if the Tenant picks to battle.

The Landlord has interrupted his " quiet enjoyment ."

He has cause "loss of income" which can be calculated .

Tenant will wisely THEN leave with compensation in both pocket and mind.

PM if interested :D

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Re: Legal Opinion Required - Right of Tenants

Postby 88sins » June 19th, 2018, 11:21 am

RedVEVO wrote:
88sins wrote:
ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space



in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.


You didn't threaten Court action on your Boss for a wuk ?

So what happen now ?



What happen now, little yeasty RedVAGINA, is that those situations are not comparable
In my instance, I never threatened anyone, I simply enlightened a former employer (that was of the mistaken impression that I'd willingly be his or anybody's lackey & just do whatever I'm told simply because he pays a salary) indirectly that wrongful termination has legal & financial consequences & he quickly came to the realization (within moments I believe) that if it went to court, when I won (notice, i said when, not if) he'd have to spend another few hundred grand for his actions. In my situation, there was no downside for me. In op's situation, there is downside for them.


To the OP
As other 2nrs mentioned, it all boils down to picking your battles. If it's a case where you stand to make a substantial windfall, & you have a greater than 80% chance of winning, it makes sense to pursue it once the gains are going to be more than the expenses, including the intangible costs. But going by what I could see from your case, you'd really come out better if you & the wife just L.I.G. & relocate ideally to somewhere close by if at all possible.

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 19th, 2018, 2:39 pm

88sins wrote:
RedVEVO wrote:
88sins wrote:
ronsin1 wrote:Plus if he tried a thing on your wife do you believe by putting him is court or fighting for your right to stay will make things better.

Pick your battle cuz you and your wife's piece of mind is more important that fighting down a landlord for a rental space



in short, it makes zero sense paying a lawyer a whole lotta $$$ to fight a case for something that is not now nor will ever be yours, where that you have to pay someone that doesn't like you to stay in.


You didn't threaten Court action on your Boss for a wuk ?

So what happen now ?



What happen now, little yeasty RedVAGINA, is that those situations are not comparable
In my instance, I never threatened anyone, I simply enlightened a former employer (that was of the mistaken impression that I'd willingly be his or anybody's lackey & just do whatever I'm told simply because he pays a salary) indirectly that wrongful termination has legal & financial consequences & he quickly came to the realization (within moments I believe) that if it went to court, when I won (notice, i said when, not if) he'd have to spend another few hundred grand for his actions. In my situation, [b]there was no downside for me. In op's situation, there is downside for them.[/b]


To the OP
As other 2nrs mentioned, it all boils down to picking your battles. If it's a case where you stand to make a substantial windfall, & you have a greater than 80% chance of winning, it makes sense to pursue it once the gains are going to be more than the expenses, including the intangible costs. But going by what I could see from your case, you'd really come out better if you & the wife just L.I.G. & relocate ideally to somewhere close by if at all possible.


Do you have ANY legal training ?

Where you get > 80% chance of winning ?

Your employer did not take you to Court cause he/she saw your situation as pathetic :lol:

But more important :roll:

Why do you continue to have your dripping flaring open nostrils firmly wedged up my lower cheeks ?

We are ALL ghosts ole man . Take a Paxil and go tickle your wife's ginger pussay :D

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Re: Legal Opinion Required - Right of Tenants

Postby 88sins » June 19th, 2018, 9:02 pm

ok RedVAGINA aka Desideaddick v2.0

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Re: Legal Opinion Required - Right of Tenants

Postby RedVEVO » June 20th, 2018, 3:54 am

88sins wrote:ok RedVAGINA aka Desideaddick v2.0


You need to take (3) 100 mg Zoloft every day .

Paxil & Viagra not working , d madam calling me every hour.

Heard the old ginger pussay happy with your index.

Move on .. :roll:

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Re: Legal Opinion Required - Right of Tenants

Postby 88sins » June 20th, 2018, 6:18 am

ok RedVAGINA aka Desideaddick v2.0

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