What to do if I have a handshake agreement to keep a concession trailer on property to operate?
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What to do if I have a handshake agreement to keep a concession trailer on property to operate?
There ws no contract was ever presented. The landlord has now been evicted because he had no right to sublet the property in the first place. What type of suit do I need to file to void any handshake, etc. Can I ask the court for damages?
Asked on June 2, 2013 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your landlord has been evicted, then your agreement with him would be void, since he can not give you possession (the right to keep the trailer there) if he does not have it, either. You most likely do not have any viable suit for damages: 1) the property owner (the one who evicted your landlord) has no liability to you for simply enforcing his own legal rights, when he was not the one who entered into an agreement with you; 2) your landlord might at most be liable for one month of your profit, since a "handshake agreement" creates at most a month-to-month tenacy (he could have evicted you himself on one month's notice), and it's not likely worth the cost of a lawsuit to try to recover one month of profit.
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