my commercial lease is up in october but the landlord is telling me to leave in 60 days due to a higher paying tenent

UPDATED: Sep 30, 2022

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my commercial lease is up in october but the landlord is telling me to leave in 60 days due to a higher paying tenent

I just moved into a commercial building and established my business I received an email saying the landlord and previous tenant had a verbal agreement stating if the landlord finds a new tenant paying higher rent I have to get out my lease is good until oct 31 2017 landlord says new renter coming in august 1st?

Asked on July 13, 2017 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you rented directly from the landlord and your lease is with him or her, then if you have 3 months left on it, you cannot be made to move out early: the lease is a contract, and both you and the landlord are bound to its terms. (If you have 3 months left, you can enforce it.)
If you are subletting from the prior tenant, so you are leasing from him/her, while he/she leases from the landord, then the question is, can the landlord legally remove that tenant? If the tenant has a lease for at least 3 more months which does not have an early termination clause and the tenant has not violated the lease (e.g. has paid his/her rent), then he or she cannot be removed; an alleged "verbal" (actually, the correct term is "oral") agreement does not supercede a written lease or contract.
However, if--
1) The lease has expired for the person you are subleasing from; or 
2) The person you are subleasing from has failed to pay rent or otherwise breached their lease; or 
3) The person are subleasing from was a month-to-month tenant, and the landlord has given him or her a month's notice; and/or
4) The person you are subleasing from has an early termination clause in his/her lease, allowing the landlord to end the tenancy early
--then the landlord can remove you, since you get your rights from the person from whom you are subleasing (if you are a subtenant, that is), and so if that person is removed, you go with them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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