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Post by MoGrace2U on Jul 7, 2010 17:41:33 GMT -5
Here is the deal: At work we have an 'unofficial' tenant who rents the upstairs office space from us. Unofficial means without a written rental agreement. He has taken advantage since the beginning 9 yrs ago but now is playing games with his rent. I have to ask him every week for the check and finally on the last day or so before the month ends, he pays it - backdated no less!
My thoughts are that I am going to have a key made and let him know that if and when needed, it is for the convenience of having to move him out.
Keep in mind this guy (& his brother) has open access to our whole plant which he snoops around in whenever he can, butts into conversations with customers, helps himself to coffee and supplies with never an offer to replace anything - acting pretty much like the place belongs to him. And then throws out an attitude like we owe him!
This was supposed to be a temporary arrangement until he got on his feet with his new company. Now it is just turning contemptuous - he makes more money than we do.
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Post by stephenpatrick on Jul 7, 2010 18:47:01 GMT -5
Hi Robin.
What would Jesus do? Probably tell him to make his payment on time and stop being a busy body.
Does he have access to your files and private business papers while the building is closed? Does his business have anything to do with yours? Is he taking away any of your business? Are your customers complaining about him?
Sounds like its time to draw up a contract and raise the rent.
By doing that you are protecting your company from a myriad of lawsuits if
he or one of his customers were to somehow get hurt in your building, even if it were to happen while he is "snooping" around.
Stipulate in the contract payment schedules and building rules which he must adhere to in order to remain your tenant. It will also give you piece of mind when you go to work each day. Nothing worse than knowing you're going to see someone everyday and dread being around them because they are taking advantage of your original hospitality.
I see nothing un-Christian in this for you to protect your job and family.
You are actually protecting him too. Talk to your insurance company about this.
I'm sure they would think it would be a good idea and help point you in the right direction for help with the rental agreement.
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Post by Allyn on Jul 7, 2010 19:30:02 GMT -5
I'm totally with Steve on this. There is no better time then now to get a contract in his face. As a landlord and without a contract he has the law more on his side then you do. Get that contract and use a standard rental contract with no bells and whistles. Then reguire a first and last rent and a damage deposit Hi Robin. What would Jesus do? Probably tell him to make his payment on time and stop being a busy body. Does he have access to your files and private business papers while the building is closed? Does his business have anything to do with yours? Is he taking away any of your business? Are your customers complaining about him? Sounds like its time to draw up a contract and raise the rent. By doing that you are protecting your company from a myriad of lawsuits if he or one of his customers were to somehow get hurt in your building, even if it were to happen while he is "snooping" around. Stipulate in the contract payment schedules and building rules which he must adhere to in order to remain your tenant. It will also give you piece of mind when you go to work each day. Nothing worse than knowing you're going to see someone everyday and dread being around them because they are taking advantage of your original hospitality. I see nothing un-Christian in this for you to protect your job and family. You are actually protecting him too. Talk to your insurance company about this. I'm sure they would think it would be a good idea and help point you in the right direction for help with the rental agreement. |
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Post by Once4all on Jul 7, 2010 20:38:34 GMT -5
Great advice from Steve and Allyn. Nine years was a long time to let it go and let it get worse, but no time like the present to get it FIXED! Your tenant may not like it when you present him with a contract after all this time, but then again he may surprise you. But even if he decides to move on because of this, you will be all set to start off on the right foot with a new tenant. I'll pray for your situation, Robin.
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Post by MoGrace2U on Jul 7, 2010 21:28:36 GMT -5
A little advice I did get has changed my mind somewhat, in that moving him out would make me liable for a lawsuit from him. However there is nothing to keep me from locking him out tomorrow if he does not pay - the locksmith is already scheduled for the afternoon. I am going to call an attorney in the morning. One of his employees (5' & 400 lbs) fell on the steps leading up to their office on Friday. Thank God she was not hurt as she only fell three steps. But the steps are steep and you need to hold the rail on the way down. And it got me thinking that I don't even know if they have insurance other than normal health coverage. The truth is that we want him out, we need the space and he has been taking his business elsewhere and is also lax in paying what he does owe us on time though we have given him 60 day terms. We should have had a contract from the very beginning because at least then I could give him his 30 days notice! Will see what the attorney advises before I do anything.
Patrick is out of the country at the moment and the power to do something while in charge, I suspect is making me giddy!
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Post by didymus on Jul 7, 2010 22:09:26 GMT -5
What would Jesus do? I think he lovingly go talk to the man to ascertain what his problem might be. And explain to him what you just explained to us. If possible, a man should do this. Actually, what I am saying is show him the love of God, and give him every opportunity to make it right. Having done that, and I assume you might have already. Then the advice you have received from the others is appropriate. Didy  - Now let's have some tea. |
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Post by MoGrace2U on Jul 8, 2010 22:14:51 GMT -5
Well a call to an attorney straightened me out in that I personally don't have the legal power to do anything. So that settles that!
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Post by Once4all on Jul 9, 2010 11:02:02 GMT -5
Well a call to an attorney straightened me out in that I personally don't have the legal power to do anything. So that settles that! You're not the owner or lease holder of the building? I had assumed you were. Yeah, even if you are "second in command" where you work, that doesn't give you any legal power concerning the building. At least you tried to improve a bad situation! |
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Post by MoGrace2U on Jul 10, 2010 10:29:15 GMT -5
I am in a position to give counsel however to the one who has the authority to do something. And so I am educating myself as to what can be done legally, so when Pat gets back he can make an informed decision. He tends to be passive agressive because he hates direct confrontation - so I see my job is to make that 'easier' for him. And the first area to 'fix' is an increase in rent based on what is fair, which I have itemized for Pat to see. As for our tenant moving out his yarn to send to another knitter, I have a bill prepared for him for the storage charges for the time we warehoused his yarn which he will be required to pay before we release it. These two things ought to help get the point across that the 'free ride' is over.
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Post by Once4all on Jul 10, 2010 13:22:14 GMT -5
Good job, Robin!
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