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View Full Version : Is commercial lease without specified dates legally binding


msanmartin
Aug 16, 2010, 06:28 AM
We need HELP fast! My boss enters into agreement with 2 other entities, who we found out later are not the most ethical individuals. The lease we were given has a lot of blank spaces, specifically covering dates when the lease takes effect. We were given a copy of the page which the other 'tenant' signed, showing the copy of the notary's seals. (We do not have a version with the actual raised seal of the notary). Our company incurred over $100,000. In costs for work related to the start up of the new office location which we share with these other tenants. They have benefited from all the work we did, since the location was greatly improved and we did a lot of marketing to promote it. In addition, there was always going to be 3 companies working out of that location. The other tenant says we are to divide the rent among only 2 entities since he owns 2 of the 3 companies at that location (the 3rd one is ours). Also... due to a threatened zoning change requets brought on by a neighboring company, we have incurred $60,000. In legal fees to thwart this zoning change and anser the claims by that neighboring company. THe other tenant is the one who actually said 'we should fight this'. Again, they have never helped with these fees. Our company is in extremely critical financial situation right now and all of this is hurting us. We need answers and we want to hold our 'partner' accountable. Please help!

excon
Aug 16, 2010, 07:02 AM
Hello ms:

This is as fast as I can go...

You've got a LOT of troubles... I don't know if you can recover. To your first question. Whether the lease is valid or not depends on lots of things, not the least of which is what YOU thought. And, what YOU (your boss) thought is, that is WAS a valid lease because (1) you didn't question it then, and (2) you moved in.

Then, to compound matters, you spend MONEY building your space and spend more defending your lease. It's that second thing that troubles me too. Why are YOU defending the zoning change, when it's your LANDLORD who should be doing it, and YOU should be the one forcing HIM to do so.

The RENT splitting problem?? That's the LEAST of your worries. Clearly, there's at least been ONE month where the rent was due. Who paid what percentage? This ALL can't have happened during your very first few weeks. No? Tell me more.

excon

ScottGem
Aug 16, 2010, 08:33 AM
I agree with excon. Also where are your attorneys in this? Your attorneys let you sign a lease without making sure everything was filled in?

The lease is valid because you moved in. Whether you owe one half the rent or 1/3 depends on several factors. The wording of the lease, the relative sq footage occupied, etc.

And where was the landlord in this zoning fight?