commercial property lease

[keepnitsweet]

I entered into a lease 1 year ago for my business. A 3 year with a 2 year option. I was verbally told that the space was 1000 sq feet. On the fire marshalls report, it shows the space as only being 892 sq feet. My rent went up after one year to 850 a month. Nowhere in this lease does it say the size of the property. But I am a little upset considering the amount of rent I am paying for the size of the property. I also pay all the bills except for water...and just found out that I am responsible for the air conditioner that is not working on the top of his building. I know this may seen really stupid, but I feel like I was taken advantage of in a vulnerable and desperate position. We have had a number of problems with the building over the last year. I dont know if I have any legal recourse, but I didn't know if a judge would decide if the contract was unreasonable. Thanks for any help.

 

[Tracey]

Read the OK nonresidential/commercial landlord tenant act. Its located in Title 41 of the OK statutes. You library probably has a copy. Look for reasons a tenant may terminate a lease, and follow the steps necessary to gove you the right to terminate. Also, read your lease. What does it say about raising the rent? Unless the lease specifically allows L to raise the rent before the 3 years is up, you don't have to pay the extra money.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by keepnitsweet:
I entered into a lease 1 year ago for my business. A 3 year with a 2 year option. I was verbally told that the space was 1000 sq feet. On the fire marshalls report, it shows the space as only being 892 sq feet. My rent went up after one year to 850 a month. Nowhere in this lease does it say the size of the property. But I am a little upset considering the amount of rent I am paying for the size of the property. I also pay all the bills except for water...and just found out that I am responsible for the air conditioner that is not working on the top of his building. I know this may seen really stupid, but I feel like I was taken advantage of in a vulnerable and desperate position. We have had a number of problems with the building over the last year. I dont know if I have any legal recourse, but I didn't know if a judge would decide if the contract was unreasonable. Thanks for any help.<HR></BLOCKQUOTE>

If you agreed to pay a gross rental amount, it does not matter if the correct SF is reflected on the lease because the rent is not based on a rental fee per square foot. Do not use verbal information. In the future insist that the SF of the leased premises be written on the lease. Usually the landlord is responsible for repairing the HVAC system, especially if it is on the roof, because it is the landlord's property.

[This message has been edited by HomeGuru (edited July 21, 2000).]