PDA

View Full Version : Leased a Commercial Property and I have 3 Major situations (sign, millipeds & smell)


joa0401
Sep 2, 2009, 07:06 AM
I opened a Indoor Playground for kids on March 2009 in a small shopping plaza
I have three Major problems
1. I do not have a place or authority from the landlord yet till this day to put a sign of the name of my business on the wall, which they promised they will acquire a place for us when we signed the contract. New customers never come to our business because they can't find it. We put signs banners of our own and the landords make us take it down we call them almost everyweek about this situation. No results
2. Since we moved in we had millipeds problem they said that they couldn't do anything about it and we have been fumigating every month and we always throw away about 10 of them every day. It's a huge problem specially w/ kids running around and toddlers crawling and putting one in there mouth
3. the worst one which just happened last week. There is a horrible smell in our hallway where the parents w/ there kids enter. You know when your fridge stops running for a while and your food was left in a fridge that smell like rotten meat. We called the landlord and they said they can't do anything about that either. For the past week the parents comes in and goes running back out. I have no business and I don't even know if they are will ever come back. I also have birthday parties this weekend and I don't know what to do about the smell. We checked everywhere to see if there's a dead rat somewhere we even checked the roof nothing.

Somebody please help me

excon
Sep 2, 2009, 07:18 AM
Hello j:

Any relief you're eligible for is in your lease... If it's NOT written, it's NOT part of the lease. You say they "promised" you a place for your sign, but did they promise it in WRITING??

If they did, and have not done so, then they are in breach of your contract... Instead of trying to work with landlords who are obvious duds, I'd MOVE my business, and use their breach as my opening...

Same thing with the bugs. You are entitled to a unit that is "fit for the purpose for which it was purchased/leased". Bugs in a unit where kids play isn't very fit.

So, I don't know what you want to do. Do you want to stay there and force your landlords into behaving in a way they aren't used to behaving?? Or do you want to leave??

Ok, I'll anticipate your response... You want to leave... Good choice. There ought to be paragraphs in the lease about what to do if there IS a breach. If so, DO what it says. If not, and I don't know WHO wrote the lease, then you're going to have to make it up as you go along.

Write your landlord a certified letter informing him of his breach. Give him 48 hours to correct it, or you will vacate and sue.

excon

joa0401
Sep 2, 2009, 08:13 AM
Thank You and yes I need to get out of here as soon as possible so I can take my business elsewhere. I'm losing a lot of customers. And for the sign it was in writing

excon
Sep 2, 2009, 08:19 AM
and for the sign it was in writingHello again, j:

I'm thrilled to hear that. Time to play hardball and leave. It's hard enough to make money when you only have to fight the competition. To have to fight the landlord as well, makes profit near impossible.

Toward that end, you WILL be able to sue to recover lost potential profits... But, you're going to need a lawyer at this point.

excon