Sorry guys here is my orginal posting copy here.
FarmerJ said:
Blau please use the original posting you made it will reduce confusion in order to find it either scroll back during the last 30 days or search on your user name to find it .
Sorry guys, here is my orginal posting copy here
What is the name of your state? California
I just purchase an 12 unit apartment. Current there are 2 washer and 2 dryer that had been lease by the previous owners. The basic lease term are 5 years with option to renew, decorating allowance $800.00. The lease was signed in 1989 there is a renew clause in it (i will go into detail later)
What I want to do is to install my own laundary equipment? I have informed the leasing company of my intent after the close of the building. They then informed me that they have a lease with me. The lease of course was sign by the previous owners.
I wrote a letter to them objecting to their lease by the following way. (I wrote in little more detail to them but there is the jist of it)
1. I said the lease was with the previous owner. I did not agree to assumed the leasse. The lease was not recorded to title/or closing documentations. It is up to them to prove the validity of the lease.
2. The lease was sign by the previous owners' property manager. I ask them to show that the property manager have the authority to sign for the owners at the time.
3. The term of the lease is as follows
"This lease shall be automatically renewed for a period equivalent to the initial term herin set fourth, unless Lessee shall give Lessor written notice of its intentions not to renew at lease 90 days prior to the end of the orginal term of this Lease. At the expiration of the additional period in accordance with the provisions hereof, this lease shall then continue for successive terms unless terminated by notice within a successive term by either Lessee or Lossor. All notice hereunder shall be in writing by United State Registered or Certified Mail, sent within 90 days prior to the end of any subsequent term herin. Thime shall be of the essence for the termination notice. "
My claim here is even if I am bounded by this lease this lease still allows me to terminate the lease at this point.
1. The lease was written by them. So any ambiguity shall be construde against them.
2. The company use specific language to distinguished the orginal term (meaning the first term), the additional period (meaning the 2nd term), and successive term meaning (period of time after the 2nd term).
I claim we are in the sucessive term (or after the additional term)which we are. And it saids above that "At the expiration of the addition period in accordance with the provisions herof, this Lease shall then continue for succive terms unless termined by notice within a successive term by either Lessor or Lessor." I also claim this sentance can be construde as. If we are after the additional period we can "terminate" the lease by giving notice.
Folks, the argument is not what you think the intent of the terms is but if the paragraph can be interperated by a resonable person as I have suggested.
Another point on the language of the sentance. If I say something like.
The President of the United State shall remain in office until the end of his term unless impeached and convicted within the provisions of the constitution of the United State. Most resonable person will have the interpation that president if impeached and convicted within the provision of the constitution of the United States will NOT stay in office until the end of this term.
What do you folks think about my approach with this is there other area where I could attack. Is there areas of my approch I shoudl concentrate at? Is there things I should look out for.
Aslo, I told them in the letter them that they have 20 days to response or else I will take their silent as agreement to these statements of facts and/ or conclusion make.
Also if they don't response in 20 days. Could assumed that they don't have a lease with me a disconnect the washer and dryers and put in my own.
blau
