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kbrown84

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Posts: 2
Reply with quote  #1 
Okay, so 2 friends and I decided to open up a gym and found our "dream" landlord and rental space....unfortunately he has been less than honest and it has literally been a NIGHTMARE of false promises and us being screwed over. Not really sure what to do, here are some highlights.

- Going into signing the lease for the space we were told there would be no heat, which was fine...figured spring was coming anyway. We signed, once we began moving things in we learned there was NO LIGHTS

- Going into signing the lease we were told the floors would be done and made nicer, they never were (the flooring in our space is not comparable to other tenants as we were led to verbally believe). We thus had to spend money on covering the floors.

- There is an approximate 200 square foot area, slightly elevated, that needed concrete work. We were told this would be fixed and made useable for us. The landlord failed to properly fix the area. He has deducted it from our rent. However, he said he would wall it off so we don't have the eye sore and he never did. He then said if WE fix the area we can use it and rent goes back to what it was before... Right? So we fix your space so you can charge us for it?

- The worse part, which is putting us over the edge. The large garage door in the space (which was a key selling point) allows us to have fresh air, light, and use the outside parking lot. Unfortunately part of the garage door was leaking. The landlord's son (handy man) tried to fix it and did it in a way that caused the garage door to be thrown off its track and unusable. 
The landlord lied and told us Monday the door would be repaired. The repair people never showed up (we know this because we paid $1000 for a paint job to the space and the painters told us nobody came).

After following up with the landlord about the garage door he told us "the garage door is our responsibility and we've opted out of fixing it and are going to seal it off." So, the landlord says its HIS responsibility but he is just going to seal it off? This is outrageous.

Now he is saying if we want to maintain the garage door he can transfer it over to us and we can be financially responsible for fixing it (after he broke it).

I am just.... furious with him and not sure what to do.

RedFord150

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Posts: 125
Reply with quote  #2 
You need to consult a lawyer.

Based on your statements, the LL is clearly in Breach of Contract. He may even be guilty of fraud. Since this is a business, not a residence, you may have a case for damages in excess of the rent. If the fraud is bad enough, a court might even award '"punitive damages". Again, only a lawyer can tell you what options will work for you.

Good luck.
kbrown84

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Posts: 2
Reply with quote  #3 
In an email about the door he said this:

 

The garage door has been repaired. The cost was $224.18. PDQ performed the repairs. Blade Ave Properties paid the invoice. 

 

Our plan is to retire the door from active use, only employing it for the moving in and moving out purposes.  The door is too old and the opening is too difficult to keep from leaking to have it be for everyday and recreational use.

 

We will, however, give you two options:

 

Option #1 

We will continue to remain responsible for the door and security of the building. It will remain in place, secured with reasonable weather tight condition. It will not be operational. 

 

Option #2

The door becomes the tenants responsibility and can be fully operational immediately after re-connection of electrical support. If it needs service, replacement or requires re-establishment of security to the building, it is the tenant's responsibility. An amendment to the lease will be drafted for your review if this option is taken.

 

Please let me know what you decide by Monday, April 11th.

 

Gil


I responded with this:

Mr. Pulliam,

 

Curious if you are making all tenants responsible for their garage doors or just us? For all the doors are metal roll up doors and of the same age and quality.

 

Just want to make sure everyone is on the same page and these unforeseen maintenance issues are understood by all parties involved and this could affect all tenants, in the unforeseen event that something should happen to their door. I would hate for them to be blindsided with unforeseen costs and lost amenities like we have.




I want to argue that, 

Per the lease: “landlord agrees to be responsible for the maintenance and repair of the structure of the building and the roof, unless such repair or replacement should be the result or neglect, or clearly improper use of the premises by the tenant.”

That the Garage door is part of the STRUCTURE of the building, and part of the structure we rented (it is a chief reason WHY we rented) and therefore he is responsible for maintaining its functionality.



on a side note, I kinda made a dick move and copied ALL of his tenants that I know about on the email. Because he is shady and they need to know

 

RedFord150

Registered:
Posts: 125
Reply with quote  #4 
What does your lawyer say?
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