As a business owner or tenant without a commercial lease agreement, it can be stressful to navigate the legal implications and uncertainty that come along with it. Without a written agreement, there may be limited legal protection for you, but there are still rights and remedies that can be utilized to protect your interests.
Here are some of the key rights you have as a tenant without a commercial lease agreement:
1. Right to occupy the property
Even without a written lease, the tenant has the right to occupy the property as long as the landlord continues to accept rent payments. This is known as a “tenancy at will” and can be terminated by either party with reasonable notice.
2. Right to quiet enjoyment
All tenants have a right to quiet enjoyment of their rented space. This means that the landlord cannot interfere with the tenant`s use of the property or harass them in any way.
3. Right to repairs
The landlord has an obligation to maintain safe and habitable living conditions for tenants. Even without a lease agreement, if the tenant notifies the landlord of necessary repairs, the landlord has a responsibility to make them in a timely and reasonable manner.
4. Right to be free from discrimination
Federal and state anti-discrimination laws protect tenants from being discriminated against based on their race, color, national origin, sex, religion, familial status, or disability. If a landlord engages in discrimination, tenants have a right to file a complaint and pursue legal action.
5. Right to withhold rent
If the landlord fails to make necessary repairs, the tenant may withhold rent until the repairs are made. However, it is important to note that this action should be taken with caution as it may result in eviction proceedings.
Although tenants without a commercial lease agreement have limited legal protection, there are still important rights and remedies that can be utilized. It is always a good idea to seek legal advice and assistance when navigating any legal disputes or uncertainties.