How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I rent a light industrial warehouse together with a friend.

This answer was rated:

I rent a light industrial warehouse together with a friend. We each operate our own business from the property. I am not on the lease and pay my rent to my friend who then pays it on to the landlord. I paid out money to fit out the warehouse for my needs and my friend did same for his side of the warehouse. We also shared costs to set up a spray booth. We have been renting together for two years and prior to that shared the rent on another warehouse. This is a verbal agreement only, we did not sign a contract. He found out that I was having an affair with his best friend's wife and he has told me that I will need to leave by the end of the month, not in writing, giving me only a couple of weeks notice. This is entirely personal and should not affect our business relationship. Finding commercial property suitable for my needs in a matter of weeks right before Christmas is unreasonable and will have a severe impact on my business and jobs I am currently working on. I have also noticed important components to me finishing welding jobs are going missing from he premises.
What are my legal rights and what steps do I need to take to ensure I defend myself correctly.
Customer: replied 2 years ago.
The property is rented direct from the landlord.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking how to avoid eviction?
Customer: replied 2 years ago.
How often do you pay rent?
Customer: replied 2 years ago.
That is a problem I'm afraid.
Come what may, this is a commercial contract and it can be terminated for any reason he likes. He is free to act upon personal reasons if he chooses.
If you are not on a lease then you do not have that protection.
You are entitled to notice but, unless you agreed something else, that would only be one term of the rental period.
If your friend is on the lease and he is giving him notice as well then he might have a challenge upon which you could also rely as the lease exists to protect him. That doesn't seem to be your position though.
I realise that you have made modifications to the premises but I'm afraid that is the risk you take with rented premises.
I'm very sorry but that is your position.
Can I clarify anything for you?
Customer: replied 2 years ago.
Yes. You seem to misunderstand. It is my friend who is 'evicting' me, not the landlord.
Customer: replied 2 years ago.
Does that change anything? Am I entitled to one month's notice? Does precedence count for anything? - we have had this arrangement, my friend and I, for more than two years.
Well, he is your landlord. You are renting from him and he is renting from the landlord.
Plain fact remains, you are not on the lease and only have the protection of one months notice.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok. Thanks for clarifying that. Does the notice need to be given in writing?
There should be notice in writing.
It isn't as formal as a residential tenancy agreement but they still need to give you proper notice.
Customer: replied 2 years ago.
Ok. Thanks. That's all I need to know. Please cancel the phonecall.
I will ask for you.
All the best.