Notice of Events of Default - Commercial Property

[rzamboni]

Jurisdiction

Texas

We were served a "Notice of Events of Default" from our commercial property manager signed by the Associate General Counsel and the Building manager CC'ed. They state basically that "they received multiple complaints from other tenants regarding the smell of marijuana coming from your suite. Building employees have also identified the order of marijuana coming from the premises. It is my understanding, the property manager previously addressed this issue in writing. Your actions have created a nuisance, ... Blah, Blah, Blah, we are in violation of our lease.

It is not true and there was never a letter sent to us addressing this before, I called and talked to the building manager and told her that and that there was NO WAY that was coming from our suite and what proof did she have as there were about 8 suites in a 30 foot range with 10 foot drop ceilings so the smell could come from anywhere or someone walking by, why did not their "building employee" enter the space and confront us when it happened? How did they KNOW it was marijuana they smelled and who were our accusers so we could prove this was not only inaccurate but defamation of character and we did not like the LEGAL action without any one to see our side of the situation. After a few minutes she apologized over and over and told me to just "SHRED" the legal notice I received.

I feel we need to take further action as it appears someone is trying to hurt our company and the leasing manager and her counsel were WRONG in sending such a notice.

Please let me know what we should do to future protect ourselves from this embarrassment in front of our employees, harassment and lies, thanks in advance.

I HAVE ATTACHED A COPY OF THE LETTER, Thanks again...

 

[army judge]

We were served a "Notice of Events of Default" from our commercial property manager signed by the Associate General Counsel and the Building manager CC'ed. They state basically that "they received multiple complaints from other tenants regarding the smell of marijuana coming from your suite. Building employees have also identified the order of marijuana coming from the premises. It is my understanding, the property manager previously addressed this issue in writing. Your actions have created a nuisance, ... Blah, Blah, Blah, we are in violation of our lease.

It is not true and there was never a letter sent to us addressing this before, I called and talked to the building manager and told her that and that there was NO WAY that was coming from our suite and what proof did she have as there were about 8 suites in a 30 foot range with 10 foot drop ceilings so the smell could come from anywhere or someone walking by, why did not their "building employee" enter the space and confront us when it happened? How did they KNOW it was marijuana they smelled and who were our accusers so we could prove this was not only inaccurate but defamation of character and we did not like the LEGAL action without any one to see our side of the situation. After a few minutes she apologized over and over and told me to just "SHRED" the legal notice I received.

I feel we need to take further action as it appears someone is trying to hurt our company and the leasing manager and her counsel were WRONG in sending such a notice.

Please let me know what we should do to future protect ourselves from this embarrassment in front of our employees, harassment and lies, thanks in advance.

I HAVE ATTACHED A COPY OF THE LETTER, Thanks again...

All we can suggest is take the document to your lawyer and inquire if the allegation is actionable under law.

In the future, never communicate directly with the alleged offender UNTIL you've discussed your position with your attorney.

In essence, don't tip your hand.

 

[adjusterjack]

I feel we need to take further action as it appears someone is trying to hurt our company and the leasing manager and her counsel were WRONG in sending such a notice.

No, they weren't wrong in sending the notice. In fact, the notice was exactly the proper procedure. That the allegations in the notice may be defensible does not make the notice improper.

After a few minutes she apologized over and over and told me to just "SHRED" the legal notice I received.

Unfortunately, that doesn't undo the notice and doesn't waive the landlord's right to evict. Failing to adequately respond to the notice risks eviction.

Please let me know what we should do to future protect ourselves from this embarrassment in front of our employees, harassment and lies,

Oh for Pete's sake, climb down off the drama lama.

I suggest you have your attorney review the letter and write a proper response for you denying the allegations. Then, if there is an eviction in court, you'll have a way of defending yourself.

why did not their "building employee" enter the space and confront us when it happened?

Because they had no obligation to do so and, frankly, were I a landlord I would use written notice to preserve my legal rights.

How did they KNOW it was marijuana they smelled

They don't "know" but that doesn't change the perception based on the rather unique smell of marijuana.

who were our accusers

If you are served eviction papers you would be entitled to that information as part of the discovery process but the landlord has no obligation to provide names until then.