landlord moving son in and me out ASAP

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nellieraye

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My jurisdiction is: MT

Hello, I need advice as to what is legal in the state of Montana concerning myself, the tenant of a commercial building that owns a salon(also containing massage and tanning), and my landlord. She came to me last Wednesday (the 11th) with an oral statement that she is moving her son into the building (that will occupy my space and the empty space) by April 1, 2009. It states in my lease that I have until March of 2010 to lease the space that I am in currently. I want to know what to do when she retaliates against me not moving out if the lease is in my favor of staying in the building and sells the building to her son or her son causes noise and pollution problems in the empty space (he owns a truck detailing, bed liner insertion and accessory store) while we hold onto the rest of the lease. Does he have to honor the rest of my lease or will I still have to move by April 1, 2009? I have been in contact with 2 attorneys, but have not received enough if any feedback as to what to do yet and I am losing time. In fact one of them said "not to worry because she has not served you in written form", which I know, but she will as I said sell the business to her son for a low amount just to have me removed if she can. I will have been at this location for 10 years in 2010 with no defaults and I feel that if I can not stay, that I should be able to move someplace else but with some financial help from them to set my salon back up where it is runnable and up to code. Thank you for your time.
 
If you have a lease, it can be used against the owner. If it says until March 2010 then there is nothing she can do about it. If I were you, I'd probably write a letter with regard to her intention and reminding her of the lease obligation - and send it certified. It's like a little notice that you will deal with any retaliation tactics.
 
Thank you for your reply. This information has been helpful. I was also wondering what to do if she refuses the certified mail that I send? Will I have to have her served? This is such an expense to do.
 
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