State: PA
I have a question on a small claims issue that I plan on taking to the magistrate. I need to know, first, if the case is worthy.
I started a business...a barbershop. I rented a store front from a gentleman. The lease was initially 1 year. This was around August of last year. When I signed the lease, the gentleman asked me if I would be renting for an extended period of time - to which I answered 'yes' (obviously since I was opening a business). I plan to be in the building indefinitely. The gentleman was pleased with this, and told me that he would like to sell the building to ME at sometime in the future if I was interested. I liked the idea of having the option, and appreciated the exclusive offer.
Still in 'start up' mode, I made various changes to the store front; which included paint and other appointments. One day, when speaking to my neighbor (who is also a business owner), she noted that she'd spoken to a young lady who told her that she was buying the building that I was renting. I was astonished at this. My landlord had not told me that the building was on the open market for sale. He also never noted that he'd been in discussions to sell the building. On top of this, I found out that the lady that was buying the building was going to put a store in it!
I had to call the landlord to confirm this, which he did. But, he never actually said that he was selling the building to the lady. He only noted that they were in discussions.
Now, this is my case:
I know that it is the landlord's right to sell his building. My problem is that he never told me that the building was on the open market, and that he'd sold the building. He signed the lease (and I too) with the premise in mind that I was starting a business. In fact, the rental contract actually says: "Barber Shop". I believe that the landlord just needed a tenant long enought to get him thru the winter months so that he would be set to sell in the summer. (Note: I was paying shared gas expenses). Now, I feel that since he knew that he was selling the building, that I should be able to recoup my expenses that I put into the building! This includes rent, gas, and all of my updates (which, by the way, helped him to sell the building). Further, he didn't give me any notice. Think...this is my livelyhood. This is how I put food on the table, and pay my bills! All of it is now up in smoke! Especially being that he never told me that he was selling and had sold the building. He never disclosed the new landlord's name or otherwise.
Now, I have to find another place. Again, I understand that it was his right to sell the building. But, he never disclosed it; never told me that is was on the open market. He rented to me knowing full well that I was starting a business (on the contract). He asked me if I'd be staying long (giving me the premise in mind that I'd be there a long time). He never told me when the sell went through. I found out on my own.
Is my case viable?
Note: This is an update. I found out from the new owner that they'd been in negotiations for this building since OCT 05. I rented the same time.
I have a question on a small claims issue that I plan on taking to the magistrate. I need to know, first, if the case is worthy.
I started a business...a barbershop. I rented a store front from a gentleman. The lease was initially 1 year. This was around August of last year. When I signed the lease, the gentleman asked me if I would be renting for an extended period of time - to which I answered 'yes' (obviously since I was opening a business). I plan to be in the building indefinitely. The gentleman was pleased with this, and told me that he would like to sell the building to ME at sometime in the future if I was interested. I liked the idea of having the option, and appreciated the exclusive offer.
Still in 'start up' mode, I made various changes to the store front; which included paint and other appointments. One day, when speaking to my neighbor (who is also a business owner), she noted that she'd spoken to a young lady who told her that she was buying the building that I was renting. I was astonished at this. My landlord had not told me that the building was on the open market for sale. He also never noted that he'd been in discussions to sell the building. On top of this, I found out that the lady that was buying the building was going to put a store in it!
I had to call the landlord to confirm this, which he did. But, he never actually said that he was selling the building to the lady. He only noted that they were in discussions.
Now, this is my case:
I know that it is the landlord's right to sell his building. My problem is that he never told me that the building was on the open market, and that he'd sold the building. He signed the lease (and I too) with the premise in mind that I was starting a business. In fact, the rental contract actually says: "Barber Shop". I believe that the landlord just needed a tenant long enought to get him thru the winter months so that he would be set to sell in the summer. (Note: I was paying shared gas expenses). Now, I feel that since he knew that he was selling the building, that I should be able to recoup my expenses that I put into the building! This includes rent, gas, and all of my updates (which, by the way, helped him to sell the building). Further, he didn't give me any notice. Think...this is my livelyhood. This is how I put food on the table, and pay my bills! All of it is now up in smoke! Especially being that he never told me that he was selling and had sold the building. He never disclosed the new landlord's name or otherwise.
Now, I have to find another place. Again, I understand that it was his right to sell the building. But, he never disclosed it; never told me that is was on the open market. He rented to me knowing full well that I was starting a business (on the contract). He asked me if I'd be staying long (giving me the premise in mind that I'd be there a long time). He never told me when the sell went through. I found out on my own.
Is my case viable?
Note: This is an update. I found out from the new owner that they'd been in negotiations for this building since OCT 05. I rented the same time.
Last edited: