Commercial lease with no occupancy permit by landlord

[cabheraff]

?: Leased a commercial space for two years, to only find out have we were "red-tagged" by the county that we were in violation of the county codes for no permit for an interior build-out, which we did not build and was there when we moved in. Thus the reason we moved in. Now the landlord and County are at war because the landlord did not have a final occupancy permit. The landlord defrauded all 22 tenants, and had some of them gone for build-out perits they would not have received one because there was no occupany permit.
At the advice of our attorney we did not pay the rent, and moved to interevne in their ongoing litagation, which recently has become an agreed order, and the lanlord has served us with a five day notice.
What do you think?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by cabheraff:
?: Leased a commercial space for two years, to only find out have we were "red-tagged" by the county that we were in violation of the county codes for no permit for an interior build-out, which we did not build and was there when we moved in. Thus the reason we moved in. Now the landlord and County are at war because the landlord did not have a final occupancy permit. The landlord defrauded all 22 tenants, and had some of them gone for build-out perits they would not have received one because there was no occupany permit.
At the advice of our attorney we did not pay the rent, and moved to interevne in their ongoing litagation, which recently has become an agreed order, and the lanlord has served us with a five day notice.
What do you think?<HR></BLOCKQUOTE>

Have your attorney either write them back explaining why the rent was not paid, is is a client trust account and will be paid in full when the Building Dept approves the leased premises or pay the rent. The ongoing problems does not affect occupancy as you are still leasing the same area. Now if the city ordered you to vacate due to no permits and final approval, then withhold rent.