Legal Question in Business Law in Kentucky

My family owns a business and rents space in a building. Recently a corporate developer bought the building and will give notice for evictions. Can the new owner do this? And what rights if any does my family have?


Asked on 8/31/09, 3:34 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Does your family have a written lease for the premises? A new purchaser will have to honor the terms of any such written lease.

2. Has the written lease expired? If there are no specific holdover provisions in the lease, your family's business is essentially under what is called a month-to-month tenancy at will. In these circumstances, the new owner can raise the rent or demand the premises be vacated, as it desires.

Your family may have some rights I have not explained here. You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 9/05/09, 3:56 pm


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