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risktk666
Feb 17, 2010, 10:41 AM
Hi,
I have a lease agreement that depends on a master lease the landlord has with the mall. The mall is now moving the landlord to another part of the mall and he has taken upon himself to exclude me from the new location. I verbally agreed to move with the landlord when asked. I have not breached my end of the contract paying my rent in full every month. My contract was for 1 full year which ends in July the mall will be closing our location at the end of Feb. Therefor I lose on several months of my contract. Is there any legal action I can take against the landlord? Should I wait to have my last month and security deposit returned prior to hiring legal representation?

LisaB4657
Feb 17, 2010, 01:29 PM
There is almost definitely legal action that you can take. The type of action you can take depends on the exact wording in your lease agreement. But what is your ultimate goal? Do you want to keep a location in the mall until July, even if it's a different location? Or would you prefer to leave now and sue for damages?

If you want to stay in the mall then you need to get an attorney right now to review your lease and see if you have a good case. If you want to leave now then you can wait until the last month and security deposit are returned and then get an attorney.

risktk666
Feb 17, 2010, 04:17 PM
Thank you Lisa for your input. I would like to move to the new location and verbally agreed to move. I now am not receiving any answers on my relocation status. It is my understanding that several othes have signed on to the move. My main concern is I would not receive my last and security deposit if I threaten legal action.

LisaB4657
Feb 17, 2010, 05:35 PM
They can't withhold your last rent and security just for threatening legal action. But if you want to move to the new location you need to get an attorney involved right away. Like tomorrow.

Fr_Chuck
Feb 17, 2010, 06:50 PM
Have you talked to the landlord ( owner) who issues the master lease, and is moving the other business ?

risktk666
Feb 17, 2010, 08:24 PM
Unfortunately to speak with the mall it is extremely difficult. I've attempted to contact them concerning the situation however they have not returned any calls. In addition I have pleaded with the office to please inquire on the issue to no avail.
*Lisa, with so many attorneys in my area (Miami, Florida) how would I go upon choosing one? For instance what would be a correct amount/retainer that I should pay?

LisaB4657
Feb 17, 2010, 08:29 PM
Look for real estate attorneys or landlord/tenant attorneys. I'm sorry but I have no idea what kind of fees they would charge. There should be plenty who offer free consultations. Sit with at least 3 different ones and you'll be able to do some comparisons. Here's a place you can start: Miami Landlord-Tenant Lawyers, Attorney, Lawyer, Attorneys, Law firms - FL (http://lawyers.findlaw.com/lawyer/firm/Landlord_Tenant/Miami/Florida)

risktk666
Feb 17, 2010, 08:34 PM
Thank you very much Lisa. I will attempt tomorrow morning to once again contact the Landlord in hopes of an amicable resolution. I will keep you posted.

LisaB4657
Feb 17, 2010, 08:36 PM
Good luck!