QUESTION
Is there anything I can do to prevent my landlord from constantly hanging around outside my business?
Asked on Aug 08th, 2012 on Landlord and Tenant Law - Missouri
More details to this question:
My landlord used to come into the business all the time. We wrote up a request stating he could only enter the building if there was an emergency. He now hangs out, outside. Having him constantly walking around the building and his car parked there hurts business.
10 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 29th, 2013 at 12:15 AM
You have described a commercial landlord/tenant relationship. In Arizona, the commercial landlord/tenant statutes do not give the tenant or the landlord many rights.
Almost all rights are created in the lease agreement. I have not seen your lease, but it's unlikely that your lease covers this precise issue.
If you are one of several tenants and the landlord is staying in the "common areas," then there is very little you can do. You cannot even try to have him arrested for loitering because he owns the property.
If, however, you are the only tenant and you are renting the building and the entire lot on which it sits, then you may be able to claim that he is disturbing your "quiet enjoyment" of the property.
You will need to check your lease for the notice requirements and your remedies. If this goes to court, you will need to demonstrate how his presence causes harm to your business.
Answered on Aug 15th, 2012 at 12:22 PM
Dennis P. Mikko
You probably cannot prevent the landlord from hanging around other than the lease should have a clause granting you peaceful enjoyment.
You may want to point this out to the landlord. If that does not solve the problem it may give you grounds to break the lease and move, which ultimately may be your best choice.
Answered on Aug 15th, 2012 at 12:22 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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He can hang around on public property but if he is harassing you or is a nuisance I would take him to municipal court and have a Judge tell him to stop it.
Answered on Aug 15th, 2012 at 12:22 PM
Leonard A. Kaanta
He is violating your right to quiet enjoyment, you need to see an attorney.
Answered on Aug 15th, 2012 at 12:22 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If he is threatening you in any way the. You can call the police. You might also try complaining that he is loitering.
Answered on Aug 15th, 2012 at 12:21 PM
Tenants are entitled to "quiet enjoyment". That means, if you pay your rent and are otherwise in compliance with the lease, the landlord should leave you in peace.
Answered on Aug 15th, 2012 at 12:21 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I would suggest that you meet with your landlord and tell him that he is interfering with your business and suggest to him that if he continues to interfere you will not be able to pay the rent. If this doesn't get his attention you should tell him that you are going to put the rent into an escrow account until he agrees not to be physically present. There must be something more that is causing him to hang out at your place and that needs to be addressed. I assume that you have a business lawyer and you might ask him to write a letter to the landlord expressing your belief that his conduct is affecting your business. You don't say when your lease expires and most leases permit a tenant to have the right of quiet enjoyment of the rented premises. If you are not getting that result the landlord is breaching that right and you might be justified in treating his actions as a basis for breaking the lease and moving your business to a different location. I am sure there are other places available in the current market.
Answered on Aug 15th, 2012 at 10:50 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes, restraining order or injunction or loitering law.
Answered on Aug 15th, 2012 at 12:03 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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As a tenant, you are entitled to quiet enjoyment of the premises. Talk to an attorney about this and the fact that you may be losing business because the landlord always loiters outside. Be sure to take pictures to show a judge.
Answered on Aug 14th, 2012 at 11:58 PM