Should Macalester College evict Common Good Books and Garrison Keillor from its property? After all, the college owns the property leased by the bookstore, is the landlord, and might not like that Keillor is alleged to have committed sexual misconduct.
The short answer is that whether the bookstore can be evicted depends on the nature of the lease, what is in the lease, and what the landlord wants to have happen. If Macalester College just wants to get rid of the bookstore, then I would look for lease violations (such as nonpayment of rent) that would justify bringing an eviction now. However, if the college wants the bookstore gone, but is fine with the bookstore staying until the end of its lease, then I would probably give whatever notice is required that the college/landlord does not intend to renew the lease.
The lease might prohibit a signatory (in this case, Keillor) from engaging in sexual misconduct. If so, Macalester College might be able to bring an eviction based on the allegations against Keillor – especially because Keillor has already admitted the substance of those allegations.
If the lease is month to month (and most commercial leases are not), then the simplest course of action might be to give Common Good Books the requisite notice under the lease to move out. The lease is not a public document, and I do not know if it requires notice to be given one full rental period in advance, a 60-day notice, or what.
Macalester College might choose not to renew the lease. Most leases, especially commercial leases, are for a period of time and have a definite ending date. The college would probably be required to give Common Good Books notice – whatever notice is required by the lease – of its intent not to renew. If the bookstore remained in the property after the expiration of the lease without the permission of the landlord, then the college/landlord could bring an eviction based on "holding over" on real property. In other words, the tenant remains in the property past the time when it is leased to the tenant.
Of course, Macalester College might be fine with having a bookstore and its property. In that case, the college might choose to do nothing, or to renew the lease.
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
The short answer is that whether the bookstore can be evicted depends on the nature of the lease, what is in the lease, and what the landlord wants to have happen. If Macalester College just wants to get rid of the bookstore, then I would look for lease violations (such as nonpayment of rent) that would justify bringing an eviction now. However, if the college wants the bookstore gone, but is fine with the bookstore staying until the end of its lease, then I would probably give whatever notice is required that the college/landlord does not intend to renew the lease.
The lease might prohibit a signatory (in this case, Keillor) from engaging in sexual misconduct. If so, Macalester College might be able to bring an eviction based on the allegations against Keillor – especially because Keillor has already admitted the substance of those allegations.
If the lease is month to month (and most commercial leases are not), then the simplest course of action might be to give Common Good Books the requisite notice under the lease to move out. The lease is not a public document, and I do not know if it requires notice to be given one full rental period in advance, a 60-day notice, or what.
Macalester College might choose not to renew the lease. Most leases, especially commercial leases, are for a period of time and have a definite ending date. The college would probably be required to give Common Good Books notice – whatever notice is required by the lease – of its intent not to renew. If the bookstore remained in the property after the expiration of the lease without the permission of the landlord, then the college/landlord could bring an eviction based on "holding over" on real property. In other words, the tenant remains in the property past the time when it is leased to the tenant.
Of course, Macalester College might be fine with having a bookstore and its property. In that case, the college might choose to do nothing, or to renew the lease.
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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