Landlord Harrassing us out of lease

[lizjimbo]

What is the name of your state? Virginia
Our lawyer has told us that our commercial landlord can use the legal ad infinitum to harrass us out of our lease. Our landlord is suing us for eviction over what he calls a breach of lease. No money or criminal activity or misuse of premises is involved. We are a pet store and he says offensive odors forced another tenant out of their lease. We have a rock solid case, so says our lawyer, so that eviction will not happen. We are paying about half the current market value for the space and we have a 5 year option to renew. Our rent will never rise to the level of even the current market value. What is our remedy. The landlord can drive us in to financial ruin if we have to continue to pay lawyers against frivilous lawsuits our landlord brings. In that case he gets his space back and can lease it for much more money. If you want all the gory details I will post them.
Thanks

Jim

 

[Cvillecpm]

Listen to your attorney AND you need evidence that there are no offensive smells from your store.

If the landlord is loosing other tenants because of your pet store, you may well be evicted. Get the ASPCA and other pet-friendly organizations to visit your property and have the air inside and outside of the store tested.

 

[lizjimbo]

I told you there are no offensive odor

Perhaps I wasn't clear. Thre are no offensive odors. Our lawyer says we have a rock solid case. We have dozens of witnesses including current tenants of the shopping center and an adjacent tenant...that is what the facts ARE!!! Do I need to be more clear? An adjacent tenat went out of business because he could not sell enough cheap chinese crap to stay in business. He had to shut down after 6 months. We were on very friendly terms. He used a clause in his lease to break the lease. The clause impacted on us. Our store doesn't stink, his business practice stunk to high heaven. Is this more clear for you. We have dozens of witnesses. We have another adjacent tenant that says our store does not bother her. Other tenants and shoppers of the gone out of business dope said they never detected any odors, offensive or otherwise, except cheap chinese plastic spatulas. He was a junk store and caused us harm to get out from under a $4,000.00+ monthly expense. Now I ask you again, for Gods sake listen or read, can the landlord sue us ad infinitum to force us out. Is the question clear? Do I need to rephrase it. Perhaps I could have my attorney call you and explain the particulars. He said the landlord has this power to sue us ad infinitum and we have no recourse. Do you actually have an answer or do you prefer to look into your crystal ball and fantasize about what you think we are about.

 

[Cvillecpm]

My crystal ball has worked fine for 40 years......however, since your attorney has reviewed all your documentation on the case and has talked to your witnesses and neighboring mall tenants as well as had the air tested in your store and on the outside of the store at various times of the day; why do you need advice here?

Yes, if you have a 'deep pocket' landlord, he can sue you and continue to sue you......

 

[lizjimbo]

Why do I need advice?

Because my attorney says I have no recourse if the landlord wants to persue frivilous lawsuits for eviction. Sure he has deep pockets. He owns the shopping center. Now you are a Property Manager. However are you a lawyer? I want a legal opinion. I am having a difficult time believing that there is nothing I can do to protect my livelyhood and my families financial well being from a predatory landlord that would like to have his space back to rent at double to triple the rate I would be paying for the next 6.5 years. Everyone I have spoke to, including current tenants believe the only reason he is doing this is to force us out of our lease because of the remarkable rental rates we have. So please limit it to a legal opinion about whether or not I have any recourse to stop the landlord from bringing frivilous suits simply to cause me harm.

 

[xylene]

What is the name of your state? Virginia
Our lawyer has told us that our commercial landlord can use the legal ad infinitum to harrass us out of our lease. Our landlord is suing us for eviction over what he calls a breach of lease. No money or criminal activity or misuse of premises is involved. We are a pet store and he says offensive odors forced another tenant out of their lease. We have a rock solid case, so says our lawyer, so that eviction will not happen. We are paying about half the current market value for the space and we have a 5 year option to renew. Our rent will never rise to the level of even the current market value. What is our remedy. The landlord can drive us in to financial ruin if we have to continue to pay lawyers against frivilous lawsuits our landlord brings. In that case he gets his space back and can lease it for much more money. If you want all the gory details I will post them.
Thanks

Jim

Your problem is with your landlord and your lawyer.

If your lawyer has no balls to stop this landlord - you need to consult with another one.

How may times has the landlord sued you? What was the ruling?

 

[lizjimbo]

Thank You xylene

I appreciate your answer. That is what I believe, our lawyer has no balls. I guess what I am trying to find out, is what is the remedy. Our lawyer told us that a suit for "Malicious Prosecution" is not worth persuing. I am not sure why it isn't. I feel I can prove all of the elements without any problem. It hasn't risen to the level of "abuse of process" yet so I feel I am left with Malicious Prosecution of the civil variety. I'm not a lawyer but I can read and understand what the elements mean. Our lawyer does not do personal injury. Could this be a reason he can't think about it. Appreciate your insights.

 

[xylene]

? What ?

I appreciate your answer. That is what I believe, our lawyer has no balls. I guess what I am trying to find out, is what is the remedy. Our lawyer told us that a suit for "Malicious Prosecution" is not worth persuing. I am not sure why it isn't. I feel I can prove all of the elements without any problem. It hasn't risen to the level of "abuse of process" yet so I feel I am left with Malicious Prosecution of the civil variety. I'm not a lawyer but I can read and understand what the elements mean. Our lawyer does not do personal injury. Could this be a reason he can't think about it. Appreciate your insights.

You need a competent real estate lawyer to defend your businesses contractual (lease) rights.

You need a lawyer who has experience with scenario like yours. Your current lawyer, even if a real estate lawyer is demonstrating that he does not have the experience.

You DO NOT need a personal injury lawyer at this point. This is a contract for commercial real estate for your buisness. You are not damaged, there is no tort for personal injury to be litigated. Where are you coming up with this?

You did not answer my ealier question. How many times has this landlord tried to evict you? Because if this is the first time, it is very unlikely you can prove abuse of process.

 

[Cvillecpm]

The lawsuit you propose won't stop your landlord and it is VERY, VERY hard to prove. If you had a case for it, you should have brought a counter suit to whatever suit your landlord has filed.

Virginia is a caveat emptor state - let the buyer beware...

 

[lizjimbo]

Can't bring a countrsuit for malicious prosecution

Suit for malicious prosecution cannot be brought until you prevail on the initial suit brought by the landlord so that rules out countersuit. Our lease says we have a right to quiet and peaceful possession of the premises. It doesn't say that a violation of that clause would include the landlord harrassment. The landlord has not brought suit in the past but there is a pattern of harrassment directed at us. He has solicited letters of complaint against us from other tenants, to no avail. He enforces the rules arbitrarily. In other words, he does not enforce the lease against some of the tenants and does enforce it against others, especially us. I am not making this up. For all you property managers be advised that your commercial tenants do talk amongst each other. We know for a fact of the arbitray enforcement. That is probably not a violation. Other tenants that are aware of our situation, especially those up for renegotiations of their leases fully believe that the only reason the landlord is doing this is to force us out because we are not paying anywhere near the fair market value, as it is now, for this space. These are reasonable people. They are independent business people that have had there own businesses for years and have dealt with this landlord for several years. He is a notoriuos bully. The big peoblem is my wife and I do business the Chicago way. We do not submit to bullies. He brings a knife to a fight and we bring a gun. I guess no one has ever stood up to him. Are all property managers so thin skinned.

 

[xylene]

You are going to need to let the process work itself out.

You want to keep your lease rights. You will need to defend them.

The lanlord is within his rights to bring a suit for eviction. You will prevail.

After that - then lets talk. Because NONE of the things you are talking about are actionable - yet.

 

[Gadfly]

Perhaps I wasn't clear. Thre are no offensive odors. Our lawyer says we have a rock solid case.

I have yet to be in a pet store that doesn't smell. It's that bedding crap you guys use and the strong order from the animals. You may be used to it. The rest of us are not.

If you have a rock solid case, why the heck are you here instead of in front of a judge?

 

[lizjimbo]

Gadfly-just to annoy you

You haven't been in a pet store that doesn't stink? Let me be the first to enlighten you. One mans lilac is another mans sewage traetment plant. Do you feel good by using this forum to attack people looking how to best preserve their rights or are you just an ignoramus? Those are legitimate questions for you. Don't attack my post just because you are hyper sensitive about "odors". Perhaps a surgical mask with a bit of airplane glue will settle you down.