Pissed comercial renter with notice to vacate.
Most late rental tails are from people having trouble paying late. Well here is my current situation. I am currently on a 3 year lease that started in may. Rent is due on the first, with a late after 5 days late. There is no description of how to pay rent, where to pay rent, office hours to pay or any such thing in the lease. One default clause states. Failer to pay on the date the sum is due. Normally we receive an invoice that includes the electric and pay as soon as we get the invoice. If not we pay rent on time or before, and then pay the electric when we receive the invoice. My secretary/administrator is on vacation between Christmas and new years, so she forgets to send the check early. She hand delivers the check at noon the 3rd of January, I.E. the first business day of the year. The landlords office was closed the 31, 1st and 2nd. They accept the check (do not cash) and say nothing is abnormal. On January 11 I receive a letter of default and notice to vacate. Note, unless other wise noted in the lease (which it is not in my case),payment is made in Texas when the Letter is postmarked. So If I had mailed the check on the 31'st he would have received rent later then when we hand delivered it. There really is nothing I am not telling in this story other then the Landlord has an offer to sell the building , but I believe it is dependent on the buyer being able to use the complete building. On January 31 We received his formal notice to vacate. We again pay rent on Feb 1 and he accepts payment. This week will tell if he files for eviction, and if we head to court. From what I have researched and from what my Lawyer is telling me, he has very little chance simply because. 1. He accepted payment. This basically is an acceptance that the contract has been fulfilled, unless there is an existing dispute. 2. There is not a material breach of contract (I.E. even if we had sent check earlier, he could not cash the check over the holidays). The Landlords company is. Avondale Ranch LTD. Scott Schambacher , President. HiTech
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