Tenant I’m evicting lost lease

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Tenant I’m evicting lost lease

Mike Buckley
Investor · Fall River, MA · Member since 2015 · 75 posts · 32 votes

I have a commercial tenant that I am evicting at the end of the lease term. Their lawyer called me and requested a copy of the lease agreement. Do I legally have to provide them a copy considering they lost the original copy they were given?

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y

I can't say whether you are legally required but it's a reasonable request. If you're abiding by the contract, why would you refuse to share it? Giving it to the attorney would demonstrate you are operating within the boundaries of the contract and within the law, at which point he would advice his client to drop the suit.

If you refuse to share it, that seems to imply you have something to hide.

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  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y

    @Mike Buckley any smart attorney would request this regardless of if they have a copy or not. They want to see if you have a copy and if it matches their copy. If you refuse to provide, it just gives them ammunition to delay or prevent removal. Send them a copy certified mail, so there is no question they got it. E-mail the attorney telling them, their client received a copy at time of execution, but you mailed another copy certified mail as a courtesy. Provide tracking information in the e-mail. Attorneys play games.

    4Reply
  • Mike Buckley
    OP
    Investor · Fall River, MA · Member since 2015 · 75 posts · 32 votes
    7y
    Originally posted by @Joe Splitrock:

    @Mike Buckley any smart attorney would request this regardless of if they have a copy or not. They want to see if you have a copy and if it matches their copy. If you refuse to provide, it just gives them ammunition to delay or prevent removal. Send them a copy certified mail, so there is no question they got it. E-mail the attorney telling them, their client received a copy at time of execution, but you mailed another copy certified mail as a courtesy. Provide tracking information in the e-mail. Attorneys play games.

     I didn’t even think of that. Definitely sending this certified as soon as possible. These guys are always playing games. 

    0Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    7y

    @Mike Buckley

    Consider too that they eventually get a copy of the lease via discovery if its not attached to your complaint. Its not going to be like you walk into court and say "surprise! here's the lease you signed" and then the judge gives the ruling. If you reach a full trial, its going to be a long and expensive process which likely won't be reimbursed/recoverable. 

    As long as you've followed your end of the lease you have nothing to fear. When the tenant's attorney sees that he'll likely advise his client as such (that there is no defense) and to not drag out a costly trial. Show him you've dotted your I's and crossed your T's

    0Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    @Mike Buckley

    Good lord. Just email him the dang lease already. This thread has cost you 10 times the amount of time than just doing the simplest and right thing.

    8Reply
  • Eric D.
    Investor · Eagan, MN · Member since 2014 · 86 posts · 58 votes
    7y

    I would just email it.  Certified mail costs you more money.

    0Reply
  • Greg Proctor
    Member since 2018 · 3 posts · 8 votes
    7y

    @Mike Buckley I’m a litigation attorney. You should absolutely provide a copy of the lease for free. You will look horrible in front of the judge if you refuse to provide your tenant with a copy of the lease. There’s a lot of bad advice on this thread.

    7Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    I'd just email it to them and cc their attorney and your's on the email

    0Reply
  • Heath M.
    Rental Property Investor · Chattanooga, TN · Member since 2017 · 203 posts · 188 votes
    7y

    All mine are uploaded on Cozy and I'm assuming the tenants can access the documents I upload.  I'd gladly share the lease with them but instead of mailing it, I'd scan it and e-mail it to them.

    1Reply
  • Steve B.
    Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    @Mike Cumbie this sounds like small claims court where they don’t allow lawyer representation. No use in paying a lawyer anyway for every simple, open and shut, case. He’s going to end up paying a lawyer more then a judgement would cost him

    1Reply
  • Darius Ogloza
    Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    7y

     They have a right to discovery so they will get the lease sooner or later.  That's time consuming, however.  By withholding the lease you are prolonging the fight. How does that benefit you?  

    1Reply
  • Anthony Rosa
    Rental Property Investor · New York City · Member since 2019 · 703 posts · 538 votes
    7y

    Why would you not want to provide a copy of the lease? 

    1Reply
  • Joe P.
    Philadelphia, PA · Member since 2017 · 824 posts · 1k+ votes
    7y

    Not a time to play games. Run your business, don't get cute.

    2Reply
  • Alexander Lang
    Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes
    7y

    I'd agree with @Nick Ferrari on this one, play it safe so you can move on and past this onto the next tenant. 

    1Reply
  • David Clay
    Real Estate Investor · Chattahoochee, FL · Member since 2014 · 133 posts · 107 votes
    7y

    Here's a simple solution. Scan the lease into a digital file. Create a PDF. Email it. Simple, no significant cost to you and you can use your phone to do it. There are plenty of apps that will create a document out of a scan for you. Personally, I use Turboscan on an iphone.  This whole task, other than getting the app, should take you 5 minutes or however long it will take to 3x scan your lease (more pages = longer time to scan). :) I do this whenever I have contract issues that aren't on docusign and I don't have time to meet with an agent or whathaveyou. Works well for me every time.

    0Reply
  • Joshua Weaver
    Rental Property Investor · Beaumont, TX · Member since 2018 · 16 posts · 17 votes
    7y

    @Mike Buckley

    If you have Lawyer already go through that person. Personally, in any of our businesses we learned a long time ago if a lawyer is involved or threatened it is immediately turned over to our lawyer and we stop worrying about it. This is why we keep ours on retainer at all times. I go so far as to give any of my clients my Lawyers business card any time they say “I’m going to sue you.” I then go home and don’t think about it again.

    1Reply
  • Matthew Fassett
    Rental Property Investor · Lehi, UT (Lehi) · Member since 2018 · 91 posts · 99 votes
    7y

    @Scott Mac you my friend are in for a rude awakening by the universe if you truly charge per staple.

    0Reply
  • Jamison Svo
    Member since 2018 · 4 posts · 1 vote
    6y

    So I'm curious. How did the whole situation turn out?

    0Reply
  • Heather Frusco
    Investor · Union, NJ · Member since 2020 · 81 posts · 312 votes
    6y

    @Mike Buckley share it. 

    0Reply
  • Mike Buckley
    OP
    Investor · Fall River, MA · Member since 2015 · 75 posts · 32 votes
    6y

    So my lawyer and the other companies lawyer came to an agreement for both parties that the tenant would move out and forfeit their security deposit. However I was stuck with $1500 in legal fees. But the good news is it’s re rented to a solid tenant. 

    1Reply
  • Jamison Svo
    Member since 2018 · 4 posts · 1 vote
    6y

    Thanks

    This thread helped me out. I have a tenant pulling the same thing. Dropped off lease today along with copies of the 30 day termination letter served 1/31/20, and 3 day notice to quit. 

    I made the tenant sign a form saying he recieved and understood all the documents

    1Reply
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