QUESTION
Concerning dual tenants in one commercial month to month agreement, can either tenant evict the other even if rent was paid every month?
Asked on Sep 03rd, 2023 on Leases and Leasing - Texas
More details to this question:
I share a month to month shop with another business. It was an arrangement that I set up with the owner of the property since I had a customer that was previously renting that building. I invited the owner of the other business into the arrangement since I do a lot of travelling and wanted someone who could be there regularly. Recently, tensions have been rising between us. This past week, he sent me a text telling me to get my stuff out. I am currently working at a customers shop in Odessa,TX and can't get back right at the moment. When I left back in June, I had truck inside the shop. They taken the liberty of moving my customers truck outside and tampering with my cameras. His text stated, " Don't bother paying me for September's rent." However, my arrangement on the building was with the property owner, so I sent my payment to him. I ignored the text simply because I know an eviction is by court order, but I want to know what I can do about him.
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Reid Dennis & Frick, PC
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Since your lease is with the owner/landlord, you did the right thing sending payment to them. You must continue to honor the terms of your lease with the owner/landlord despite what the other tenant does.Your rights with respect to your co-tenant will be determined by the terms of your agreement with your co-tenant. A co-tenant cannot evict another co-tenant. But, if the arrangement is a sublease rather than a co-tenancy in the lease with the owner/landlord, the sublessor would have the same rights as a landlord with respect to the sublessee.
Answered on Sep 12th, 2023 at 8:57 AM