No lease on commercial property Virginia

5 Replies

Hopefully this is the right place to ask.

Brother in law has been renting a garage for past 8 years with no lease. First mistake. Owner died about 4 months ago. Kids step in and they are not renewing lease. That is fine. They need to be out end of June. BIL paid cash for first month's rent and last month's rent. No receipt given. BIL assumed he did not have to pay for June since he "paid last month's rent" with original owner. Another mistake. Now the kids sent him a notice that he is past due for June. 
I do residential in WI so I have no idea what if any rights they might have.

Thanks on advance for any help or guidance. 

@Tracie Van Your brother in-law has no written lease. The oral agreement that worked for 8 years, has come to an end. Without a receipt, note, or memo clarifying how payments were to be used, he cannot prove that a deposit was intended to cover last month's rent. Time to pay up and move out.

@Kathy Henley that is basically what I was thinking but not being familiar with the laws in Virginia I wanted to ask in case there is any possibility that they would at least get their security deposit back. I just took over a bunch of storage units in WI and many do not have leases. Its a nightmare when this happens. 

@Tracie Van Commercial is governed by contract law. Without a lease it will be his word against theirs. The kids have no way of knowing what happened in the transaction they were not part of that many years ago. Has he told them he prepaid the last months rent plus deposit? Most reasonable people would believe him. If they don’t, who cares if they sue. As long as he complies with the notice and moves out, leaving the garage in decent condition, the chances a Judge would believe his story are pretty darn good. It is doubtful he will get a deposit back.

@Patti Robertson

I have a bit of an update. They called the landlord and said they would pay the amount owed for June, and now he is letting them stay till the end of the month. So they are complying. At this point they are so stressed out over it they are just going to write off and move on.