Commercial building, landlord issues, what are my rights?

[FarmerJ]

Add security cam that is not permanent install so you can take it with you when you move out, this should be mentioned to the atty you speak to when you talk about the roof and the lease being silent as to repairs Even if this is commercial use if your lease is that badly written your going to have to have help from a atty because if you actually had to go to court some day with this LL it would really help your claim to have previous court decisions that back up your claims , this is not like residential rental in commerical leases the tenants and landlords protections are to be spelled out in the lease where residential rental laws are regulated by states.

 

[Number21]

OK, a little update. Landlord claims to be waiting to hear back from the bank about a loan to get a new roof. He's obviously lying, because it's been two weeks, and banks don't work that way. December he will not receive rent from me, the office next door, or the house on the other side, until he fixes some problems.

If I write a waiver for him to sign, that says the roof will be fixed by X date, AND, any of my property that gets water damaged must be paid for by the landlord, would that be legally binding?

 

[Silverplum]

OK, a little update. Landlord claims to be waiting to hear back from the bank about a loan to get a new roof. He's obviously lying, because it's been two weeks, and banks don't work that way. December he will not receive rent from me, the office next door, or the house on the other side, until he fixes some problems.

If I write a waiver for him to sign, that says the roof will be fixed by X date, AND, and any of my property that gets water damaged must be paid for by the landlord, would that be legally binding?

I can see at least one scenario in which he's not lying.

 

[Zigner]

He would be a fool to sign that.

 

[Number21]

He would be a fool to sign that.

He's going to have to if he wants to ever receive any money from 3 tenants who pay quite a lot.

I have several more things I could cause him problems with or sue him over. This building is full of problems. He is in no position to argue with me.

 

[Silverplum]

He's going to have to if he wants to ever receive any money from 3 tenants who pay quite a lot.

I have several more things I could cause him problems with or sue him over. This building is full of problems. He is in no position to argue with me.

Alrighty, then.

 

[Number21]

You sure are helpful.

Anybody care to answer the question I asked?

 

[STEPHAN]

Have you written proper notices before you stop paying rent?

 

[Number21]

Have you written proper notices before you stop paying rent?

I haven't written any notices or stopped paying rent yet. I will tell him in person next time I talk to him that he will get his rent when the roofers leave. He has already acknowledged that a complete new roof is required.

The problem is he thinks he can take is dear sweet time. I've been too nice to him. I'm putting my foot down now.

 

[rowz]

if you have not given the landlord written notice of the issues I believe that you will lose.

If you have not taken the very sound AND LEGAL advice posted by latigo and do not consult with a local atty. you will likely lose.

It may be different where you are than I [and is why you must "consult a local RE atty who does commercial leases"] such commercial lease are considered triple net and as such you receive 4 walls and a roof & a floor and nothing else, and such parts of the structure are often AS-IS.

you are playing Russian roulette with 5 shots in a six shot revolver......do you really want to spin the wheel without professional legal advise?

You thinking that even though thre landlord acts foolishly with his brief & hand hand written lease I believe that he may be very wise.


better re-think your strategy and check the 'tude.

 

[STEPHAN]

I will tell him in person next time I talk to him that he will get his rent when the roofers leave.

Why do you even ask for advice here?

 

[Number21]

if you have not given the landlord written notice of the issues I believe that you will lose.

I don't think I need to give him written notice when I've given him verbal instructions that the roof must be fixed, showed him the leaks, he agreed, and said he would get a loan to fix it. We've communicated. I have witnesses.

Would it be better to put it in writing and have it notarized and take an ad out in the local paper and put it in a fire proof safe? Sure, but that's not what I'm asking about here.

such commercial lease are considered triple net

I'll have to strongly disagree with that. Some leases are, yes. Those would be clearly stated in the lease if so. Far from all leases are. It is not the standard, or default option. If I was required to maintain the building, then I think most reasonable people would agree, the lease would state that.

 

[Number21]

Why do you even ask for advice here?

Why can't I ask "what happens if..."? What is so hard to understand?

Why do you think I am required to take advice one person posts on the internet? I'm simply here browsing.

 

[TigerD]

... I'm putting my foot down now.

Am I the only one who pictured the OP stomping his foot with a pouty "Hrmph!"

OP: You said your landlord was a millionaire. That doesn't make him right; but it makes him well armed to fight with you.

If you decide to not pay the rent there are many things that can happen. Very few of them are good for you.

Seriously, go talk to a local lawyer. You need it.

DC

 

[FarmerJ]

Verbal notices are worth the air they are written on Number21 with out written communications courts tend to not care to hear he said she said wars and with out written on paper trail notices to the LL do you really think a court is going to hear any of your complaints ? I doubt it , instead I can see this LL easily getting a win for non payment of the rent if you dont have any paper trails.