Can you evict a tenant that has a 20 year lease if they don't comply with a City Ordinance?

Question

I have a commercial tenant in a building that has an illegal storage room in the rear. It has been there for a long time even before I bought the building. The City wants me to tear it down and I agreed to do that, but the tenant is storing stuff in there and it doesn't seem like they are going to move it.

Answer 1

Does the lease give the tenant use of that appendage?  If so, better consult an attorney if the tenant isn't willing to have it removed.  If it was not part of the deal but the tenant just started using it without permission, you should be able to give him adequate notice and proceed with demolition.

Answer 2

If your tenant does not have permission in writing to store his possessions in the storage room, try this;  I always try a threatening letter first, (a bluff, but it usually works for me), and court as a last resort.  On your written notice make sure you state that if you have to remove his possessions, you are going to charge him as rent, the amount you had to pay someone to remove them.  It should carry the same penalties as un-paid or late rent, (eviction, late fees, attorneys fees etc...) if he does not pay.  Make sure in the letter, that you include a date that he has to have everything removed.  You might also include the City order you have ordering you to demolish it.  If he doesn't comply with all of the above, take him to court.

Answer 3

I doubt that you can evict them just for using the space. If you could prove that they built it without the previous owners permission you might be able to, but not just for storing their stuff there.

Just have him move the stuff, or if he refuses then you could get some guys to move it to a storage center before you tear it down and charge him for that.

Or you can give him some sort of legal notice saying he has to move his stuff or he'll be evicted- if he refuses then you could probably evict but I think you can't really do it at this point.  

Answer 4

You don't need the tenant's permission to remove the illegal addition.

Answer 5

Did the tenant come with the building? His lease may show the use of the storage area, if it does you would have to amend the agreement. If it is not listed as part of the sq. footage he is renting then notice him that he is encroaching and must vacate that area. Check with an attorney before you go bulldozing his junk.