What is the name of your state? Virginia
Our Commercial landlord sued us for unlawful detainer. The landlord said oders from our pet store were forcing a neighboring tennant out of his lease therefore we were in default of our lease.
The events
1> The neighboring tennant was sued for unlawful detainer by the landlord last November.
2>Judgement was for the landlord
3>Landlord agreed to let tennant stay
4>On December 20, 2006 tennant wrote letter to landlord that odors from our store were causing problems and that based on conversation he had with them "a few weeks ago" he was unable to solve problem and asked landlord to fix.
5>We recieve no word, letter or otherwise from landlord regarding odors.
6>On January 20, 2007, 30 days later, neighboring tennant writes another letter to landlord saying he is quiting lease based on the fact landlord did not fix "odors". He stated paragraph in lease which allows this.
7>January 25, 2007 landlord writes us a letter holding us in default of lease because odors from our store are forcing neighboring tennant to vacate his lease.
8>We respond stating we are not in default and tell landlord he is barking up wrong tree. That neighboring tennant is breaking lease because his business is a failure.
9>We are served with unlawful detainer and hire a lawyer.
The Facts
A>Landlord begins writing neighboring tennant every month for non payment of rent and cam charges.
B>Letters begin 2 months after tennant opens doors for business.
C>Landlord sues and is given judgement for unlawful detainer.
D>We subpoena neighboring tennants financial records regarding his business sales. Documents show tennant suffering losses every month of the eleven months he was in business. Neighboring tennant cannot even replace goods sold. Tennant is also responsible for $100,000 loan to purchase turnkey Dollar store business.
E>We go to court.
F>Landlord even admits on witness stand that during his visit to now vacated neighboring space he cannot smell odors.
G>Other landlord witnesses struggle to articulate an odor, going so far as to utter they smelled "pet food".
H>Former neighboring tennant cannot articulate an odor. His response to what he smells was a "horrible, offensive, real offensive odor". The language in the lease says no store shall "emit offensive" odors.
I>Neighboring tennant admits to being advised to write the letters of December 20, 2006 and January 20, 2007. Does not say who advised him.
J>Landlord and us have had an adverserial relationship for years. Landlord admits we have a most favorable lease and a very favorable option to renew.
K>Judge is ready to render a judgement in our favor before we even present a witness in defense.
L>We present witnesses that state they never smelled any odors in neighboring tennants space during their visits nor any odors in any of the shopping center spaces.
M>Judge finds in our favor.
N>Landlord appeals to circuit court.
It is my conclusion that the neighboring tennant lied about us to get out of any liability for the remainder of his lease. We can prove that neighboring tennant was an utter failure at his business.
Our lawyer says that a cause of action against the former neighboring tennant for libel, that is he wrote the false letter about odors that has thus far cost over 3 thousand dollars, would be a waste of time to try to recover.
My question is, short of an admission by the neighboring tennant that he lied about us, can a small claims judge infer from the evidence that he did lie. Can I recover puntitive damages as well as compensatory damages if I prevail. The small claims limit is $15,000.00 in Virginia. Should I ask for all of it? Should I wait until the appeal by the landlord has run its course.
Thanks for your free advice.
Our Commercial landlord sued us for unlawful detainer. The landlord said oders from our pet store were forcing a neighboring tennant out of his lease therefore we were in default of our lease.
The events
1> The neighboring tennant was sued for unlawful detainer by the landlord last November.
2>Judgement was for the landlord
3>Landlord agreed to let tennant stay
4>On December 20, 2006 tennant wrote letter to landlord that odors from our store were causing problems and that based on conversation he had with them "a few weeks ago" he was unable to solve problem and asked landlord to fix.
5>We recieve no word, letter or otherwise from landlord regarding odors.
6>On January 20, 2007, 30 days later, neighboring tennant writes another letter to landlord saying he is quiting lease based on the fact landlord did not fix "odors". He stated paragraph in lease which allows this.
7>January 25, 2007 landlord writes us a letter holding us in default of lease because odors from our store are forcing neighboring tennant to vacate his lease.
8>We respond stating we are not in default and tell landlord he is barking up wrong tree. That neighboring tennant is breaking lease because his business is a failure.
9>We are served with unlawful detainer and hire a lawyer.
The Facts
A>Landlord begins writing neighboring tennant every month for non payment of rent and cam charges.
B>Letters begin 2 months after tennant opens doors for business.
C>Landlord sues and is given judgement for unlawful detainer.
D>We subpoena neighboring tennants financial records regarding his business sales. Documents show tennant suffering losses every month of the eleven months he was in business. Neighboring tennant cannot even replace goods sold. Tennant is also responsible for $100,000 loan to purchase turnkey Dollar store business.
E>We go to court.
F>Landlord even admits on witness stand that during his visit to now vacated neighboring space he cannot smell odors.
G>Other landlord witnesses struggle to articulate an odor, going so far as to utter they smelled "pet food".
H>Former neighboring tennant cannot articulate an odor. His response to what he smells was a "horrible, offensive, real offensive odor". The language in the lease says no store shall "emit offensive" odors.
I>Neighboring tennant admits to being advised to write the letters of December 20, 2006 and January 20, 2007. Does not say who advised him.
J>Landlord and us have had an adverserial relationship for years. Landlord admits we have a most favorable lease and a very favorable option to renew.
K>Judge is ready to render a judgement in our favor before we even present a witness in defense.
L>We present witnesses that state they never smelled any odors in neighboring tennants space during their visits nor any odors in any of the shopping center spaces.
M>Judge finds in our favor.
N>Landlord appeals to circuit court.
It is my conclusion that the neighboring tennant lied about us to get out of any liability for the remainder of his lease. We can prove that neighboring tennant was an utter failure at his business.
Our lawyer says that a cause of action against the former neighboring tennant for libel, that is he wrote the false letter about odors that has thus far cost over 3 thousand dollars, would be a waste of time to try to recover.
My question is, short of an admission by the neighboring tennant that he lied about us, can a small claims judge infer from the evidence that he did lie. Can I recover puntitive damages as well as compensatory damages if I prevail. The small claims limit is $15,000.00 in Virginia. Should I ask for all of it? Should I wait until the appeal by the landlord has run its course.
Thanks for your free advice.
