Legal Question in Real Estate Law in Missouri

what constitues a breech in commercial lease agreement/contract...

we signed a contract/agreement that says we are the tenants of the builing and our tenancy begins on the 15th day of Jaunary 2011.

Now the landlord has given permission to the current tenant to hold an auction in the very building we have paid for...without our consent....and the auction is on the very day we are to move our merchandise into the building and is to continue on for two days..

the current tenant says there is nothing we can do because the landlord gave him permission

Is this a breech of our contract?

If so what would you say in an opinion based discussion and with alll your expereince as a lawyer that our chances might be at "atleast" getting our deposit and first months rent back?

We havea six month contract and at this point it is obvious the landlord doesn't believe he has to obide by his own contract or atleast that is our opinion and therefore we DO NOT want to continue our lease agreement for fear he may decided to take it upon himself to alter the agreement and disregard our agreement. We are not paying a monthly 1200.00 for a building that can be at anytime leased to another individual...that is "NOT" what our contract states

In your expereince and personal opinion "with no legal ties to your statement" do you think that we will have to obtain legal counsel or take the landlord to small claims court and do you think just from what you have read here that we could possibly win the case to get our money back?

What are our chances of him having to cover legal and court fees?

I have been researching all night and even posted a deposit on expertlaw.com for legal counsel and have yet to get any straight forward answers...so this is my last attempt...Thank you

*****If I had seen on this page prior to typing.... that most lawyers dont answer free questions that would have been my first sign to not proceed but instead this site wasted my time.....then to read that it takes five days to get a response from a lawyer if my question is accepted....gzzzz really I would have not spent my time typing this message because I plan on seekining legal cousel on monday morning way before my five days....all in all I would have paid as i did on expertlaw.com if i had know all the answers that await me on the next page but since your site isn't nothing but a waste of my time...You wont be getting any payment from me.....adjust your site to be more informative prior to having your potential clients write out a length time consuming message.....


Asked on 1/15/11, 1:49 am

1 Answer from Attorneys
Anthony Smith LawSmith

It appears that you are upset about not haivng your answer as fast as you wished. As the 15th as come and goine, may we assuem the matter is resolved? If nto, then you have grounds for determing that the lease was breached by the landlord, assuming ther was ntohing in yrou agreement that made the move-in day somewhat flexible. If you go through with the lease, you may also have a claim against the holdover tenant.

Good luck

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Answered on 1/21/11, 10:56 am


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