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Walk away or get evicted ?

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slymon1968

Junior Member
After 6 months of a 5 year business lease the building was sold . The rent cannot be raised but the CAM charges can . (common area maintanance.)
The new management company have doubled the CAM charges , they have also hit me with a 1 time fee of $800+ and another 1 time fee of $700 + .
I cannot afford the new rent nor the fees , I have tried to be nice and explain I am a new growing business, I have paid my rent early every month . I have no chioce now but to move , I will have to close down my business , I am wandering , if I do the right thing and tell them I am leaving and be put before rent is due what are the ramifications . The lease is so landlord biased . I could also wait to be evicted , not pay the rent ! Make them come after me legally and make it harder for them .
If I was the landlord I would much prefer option 1 but I believe they will bully me and chase me for more money if I do the right thing .
What should I do .
Company is an llC, I can dissolve the company will that release me ? can they come after me personally ??
Thank you
 


LdiJ

Senior Member
After 6 months of a 5 year business lease the building was sold . The rent cannot be raised but the CAM charges can . (common area maintanance.)
The new management company have doubled the CAM charges , they have also hit me with a 1 time fee of $800+ and another 1 time fee of $700 + .
I cannot afford the new rent nor the fees , I have tried to be nice and explain I am a new growing business, I have paid my rent early every month . I have no chioce now but to move , I will have to close down my business , I am wandering , if I do the right thing and tell them I am leaving and be put before rent is due what are the ramifications . The lease is so landlord biased . I could also wait to be evicted , not pay the rent ! Make them come after me legally and make it harder for them .
If I was the landlord I would much prefer option 1 but I believe they will bully me and chase me for more money if I do the right thing .
What should I do .
Company is an llC, I can dissolve the company will that release me ? can they come after me personally ??
Thank you
Under most commercial leases CAM charges can only be raised based on actual expenses. Generally its required that the actual expenses be proven.
 

slymon1968

Junior Member
They only have to furnish the annual report once a year . I have been in 12 months now and been paying old rent and cam for last 4 months have been told if I am not up to date by the first of next month they can post 3 day notice of eviction .
 

LdiJ

Senior Member
They only have to furnish the annual report once a year . I have been in 12 months now and been paying old rent and cam for last 4 months have been told if I am not up to date by the first of next month they can post 3 day notice of eviction .
Again, it all depends on how your commercial lease is written. A local commercial real estate attorney can advise you better than we can.
 

adjusterjack

Senior Member
They only have to furnish the annual report once a year . I have been in 12 months now and been paying old rent and cam for last 4 months have been told if I am not up to date by the first of next month they can post 3 day notice of eviction .
A lot depends on the state where you are located, a question you ignored when you opened the message space, as state laws differ when it comes to commercial leases.
 

slymon1968

Junior Member
I am in california . I apologise for negating that . I have been looking for an attorney for over a week yet all I keep getting are referral services and calls from out of state lawyers .
I don't mind paying I would just like to meet someone face to face
 

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