Charleston, South Carolina
Hello!
My business (auto repair) is a 3 year lease that is in the last year of its term. My landlord was the owner of a business next door (landscaping) and I have experienced their final years in business that has resulted in them selling the property. I have had problems with things such as, included water being shut off (nonpayment) and bounced checks for work performed on their fleet. I have been given an estoppel agreement that an attorney representing my landlord has requested to be signed for the sale but I am concerned about my deposit being sacrificed. We have gone back and forth and the most recent "amended" agreement is below.
My main concern is that the location came with issues such as (but not limited to) a severely rusted back entry door, previously worn garage door, stained office flooring, rat droppings over the aged drop-in ceiling & a bathroom that is not up to building code since it is not wheel-chair accessible. I have made basic improvements to the location (signs, railing, properly securing circuit breaker box, etc.) to pass building and fire inspection and certainly plan on leaving the location in the same, if not better, condition that it was in. After two phone calls and 10 emails I have not gotten far in acknowledging the location coming with issues other than, "the current landlord can walk through the unit to submit a report to both the buyer and you." Given their past business practices, I am worried about the grey area this gives the current landlord to take advantage of me and my deposit by their exiting the lease. I simply would like to complete my remaining 5 months, for my deposit to be transferred to the new owner, and not be held responsible for issues that came with the lease. I may have a much better location and landlord opportunity available in the very near future and I would like to know if the sale of the property would count as a void of lease.
Is it normal to alter the agreement provided on my end to sign?
Should I be concerned about an agreement like this given the situation of the property and its current landlords?
Thank you for any feedback.
Lauren
1. The Lease is in full force and effect and has not been modified, supplemented, or amended, The Lease represents the entire agreement between the parties as to
the Property, and Lessee claims no rights with respect to the Property other than as set forth in the Lease.
2. The Lease has been duly executed and delivered by, and is a binding obligation of, Tenant, and the Lease is in full force and effect.
Tenant has paid rent for the Premises up to and including August , 2017. The current amount of fixed monthly rent is $921; No rent has been or will be paid more than one (1) month in advance of its due date.
3. Tenant has paid a security deposit of $850.00 that will be transferred to new owner. The commencement date of the Lease was February 1, 2015. The current expiration date for the Lease is January 31, 2018. Tenant has no option or right to terminate the Lease prior to the expiration date.
4. As of the date hereof: (i) there exists no breach, default, or event or condition which, with the giving of notice or the passage of time or both, would constitute a breach or default by Tenant or Landlord under the Lease; and (ii) Tenant has no existing claims, defenses or offsets against rental due or to become due under the Lease.
5. Tenant has not assigned any of its rights under the Lease or sublet all or any portion of the Premises.
6. Tenant has no right or option to purchase all or any part of the Premises or the building of which the Premises is a part. Tenant has no right to expand or occupy any additional space at the Property.
7. No actions, whether voluntary or otherwise, are pending against Tenant under the bankruptcy laws of the United States or any state.
The person executing this certificate on behalf of Tenant is duly authorized to execute this certificate.
Hello!
My business (auto repair) is a 3 year lease that is in the last year of its term. My landlord was the owner of a business next door (landscaping) and I have experienced their final years in business that has resulted in them selling the property. I have had problems with things such as, included water being shut off (nonpayment) and bounced checks for work performed on their fleet. I have been given an estoppel agreement that an attorney representing my landlord has requested to be signed for the sale but I am concerned about my deposit being sacrificed. We have gone back and forth and the most recent "amended" agreement is below.
My main concern is that the location came with issues such as (but not limited to) a severely rusted back entry door, previously worn garage door, stained office flooring, rat droppings over the aged drop-in ceiling & a bathroom that is not up to building code since it is not wheel-chair accessible. I have made basic improvements to the location (signs, railing, properly securing circuit breaker box, etc.) to pass building and fire inspection and certainly plan on leaving the location in the same, if not better, condition that it was in. After two phone calls and 10 emails I have not gotten far in acknowledging the location coming with issues other than, "the current landlord can walk through the unit to submit a report to both the buyer and you." Given their past business practices, I am worried about the grey area this gives the current landlord to take advantage of me and my deposit by their exiting the lease. I simply would like to complete my remaining 5 months, for my deposit to be transferred to the new owner, and not be held responsible for issues that came with the lease. I may have a much better location and landlord opportunity available in the very near future and I would like to know if the sale of the property would count as a void of lease.
Is it normal to alter the agreement provided on my end to sign?
Should I be concerned about an agreement like this given the situation of the property and its current landlords?
Thank you for any feedback.
Lauren
1. The Lease is in full force and effect and has not been modified, supplemented, or amended, The Lease represents the entire agreement between the parties as to
the Property, and Lessee claims no rights with respect to the Property other than as set forth in the Lease.
2. The Lease has been duly executed and delivered by, and is a binding obligation of, Tenant, and the Lease is in full force and effect.
Tenant has paid rent for the Premises up to and including August , 2017. The current amount of fixed monthly rent is $921; No rent has been or will be paid more than one (1) month in advance of its due date.
3. Tenant has paid a security deposit of $850.00 that will be transferred to new owner. The commencement date of the Lease was February 1, 2015. The current expiration date for the Lease is January 31, 2018. Tenant has no option or right to terminate the Lease prior to the expiration date.
4. As of the date hereof: (i) there exists no breach, default, or event or condition which, with the giving of notice or the passage of time or both, would constitute a breach or default by Tenant or Landlord under the Lease; and (ii) Tenant has no existing claims, defenses or offsets against rental due or to become due under the Lease.
5. Tenant has not assigned any of its rights under the Lease or sublet all or any portion of the Premises.
6. Tenant has no right or option to purchase all or any part of the Premises or the building of which the Premises is a part. Tenant has no right to expand or occupy any additional space at the Property.
7. No actions, whether voluntary or otherwise, are pending against Tenant under the bankruptcy laws of the United States or any state.
The person executing this certificate on behalf of Tenant is duly authorized to execute this certificate.
