Tenant is trying to get out of a lease agreement that has not expired.

[Wayner]

Ontario, California

I took over a NNN commercial building back in Dec of 2006 and assumed over 2 leases that will be expiring in 2010 and 2011.

With the recession that we are in right now one of the tenants is trying to come up with an escape clause (saying that they can exit the contract within 3 years for whatever reasons after they renewed it in 2006 and the lease agreement actually will be expiring in August of 2011) which does not exist in the contract. Recently I received a letter informing me that the tenant is going to exit the lease and abandon the premise in 6 month as they claim that the escape clause in the contract has allowed them to do so. In response to their letter I quoted from the lease contract on the sections of the lease term- that they can't modify the lease (which they are doing so without showing proof of the escape clause) and that if they abandon the lease it will constitute an event of default which will give me ground to resort to legal remedies to cover the charges should they abandon the lease.

Just now I received a call from the tenant asking for a copy of my lease agreement (they think I am hiding something from them). As a landlord, do I have to respond by sending them a copy of my lease agreement ? What is the next course of steps I should take to cope with this case ? I know the economy is bad but it does not provide them with excuse to come up with something that does not exist and bear no responsibilities of what they had agreed when they signed the contract.

 

[JETX]

As a landlord, do I have to respond by sending them a copy of my lease agreement ?

Have to?? No.
Should you?? If it is as you claim, you have nothing to prevent them from having a copy. Ask them to give you a cashiers check in the amount of $25.00 to cover your costs.

What is the next course of steps I should take to cope with this case ?

Simple. Talk with your attorney. You do have one, don't you??

 

[Wayner]

Thanks for the reply.

I have responded to them in writing (via certified mail and email) that if they abandon or vacate the premise before the lease expires in 2011 they will be breaking the terms of the lease agreement and as the landlord we will be using all legal remedies necessary to recover lost rent and other charges associated. Right now I am still waiting for their responses. I have also told them that if they want to get a copy of my lease they will have to agree in writing (email or letter) to pay for the material cost associated with sending them a copy (fees for copying and certified mail). They have not responded.

I have no idea how some people think they can just complain and come up with excuses (bad economy) and make up terms (that there is some escape clauses in the lease agreement which do not exist) and expect to get out of a commercial lease before it expires.

 

[Cvillecpm]

Have them send you $25 and then copy or scan and e-mail....Tenants having a copy of their lease is BETTER for their landlords.

 

[Zigner]

Personally, I think asking them to pay for it is petty. If the lease is that clear, you should be HAPPY to get them a copy. Personally, I'd scan/email it - costs next to nothing. But, even photocopies will come out to under $5 generally.

Why stoke the coals by asking for $25?

 

[Cvillecpm]

Zig - a "forms fee" is quite common with lost documents. Tenants are given an ORIGINAL lease when they sign it. If they loose it, they should pay for the inconvenience of providing another one.

I charge a forms fee for income verifications, landlord verifications and tenancy verifications of any kind....tenant provides check and form and I prepare the verification and e-mail a copy to the tenant and requester of the information....been doing it for YEARS!

 

[Wayner]

I believe the tennants have not lost their own copy of the lease agreement but rather they want to see if my copy is the same as theirs (seriously how would I have a different copy).

The tenant kept saying that they remember about an "escape clause that allows them to exit the contract within 3 years after they signed the lease" which does not exist in my copy and they claimed that they couldn't find it in their copy either. So they want a copy of my lease agreement (which I got it from the seller of the property in 2006) just to see if it is the same as their copy. I believe the tenant may have misconceived that a commercial lease agreement is the same as a residential lease agreement in which it allows you to get out of the lease if you are moving.

I am not asking them for 25 dollars but simply telling them that the tenant will have to agree to pay for the copy and certified mail charge and they have to respond to me in writing. After all there is nothing in the contract that says I have to provide them with a copy in case if they loose their own (and I think it is their responsibility to safeguard their own copy). Besides, they have not lost their copy but wants to find out if mine is the same as theirs. I will be more than happy to provide them with my copy so long as they agree to cover the charge. These days money don't grow on trees and I don't think it is wrong of my by asking them to pay for copying and shipping.

 

[Mass_Shyster]

I believe the tennants have not lost their own copy of the lease agreement but rather they want to see if my copy is the same as theirs (seriously how would I have a different copy).

My guess is that they think you never got the lease from the seller, and they're making up excuses to see it, expecting you to not be able to produce a copy.

 

[Wayner]

The funny thing is that everytime when I respond to them via email or letter I have often responded their questions and complaints with certain articles and sections from the lease. The tenant should have known better that I have the same copy as theirs or else they could have complained about not finding certain section or articles that I quoted in the letter. Rather they are trying to make up sections or articles that do not exist in the lease agreement.

 

[JETX]

So they want a copy of my lease agreement (which I got it from the seller of the property in 2006) just to see if it is the same as their copy.

And with that... 'the smoking gun'!!!

Your statement implies that you purchased the property with them as existing tenants. If correct, I will bet dimes to donuts that their request is a test to see if YOU have a copy of their lease from the original seller. If you don't, they will claim all kinds of things existed in THEIR lease.

 

[Zigner]

Zig - a "forms fee" is quite common with lost documents. Tenants are given an ORIGINAL lease when they sign it. If they loose it, they should pay for the inconvenience of providing another one.

I charge a forms fee for income verifications, landlord verifications and tenancy verifications of any kind....tenant provides check and form and I prepare the verification and e-mail a copy to the tenant and requester of the information....been doing it for YEARS!

I am not disagreeing with you, generally. However, why fan the flames in this instance?