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Lawhelp21 · Nov 10, 2009, 01:22 PM

Hi, I was opening a new business. The landlord knew what the business was. I checked with the town to see what the building was zoned for. It was zoned for retail use only. I was looking to open up a service in the space, so I wasn't sure if my service would be considered retail or not, since I was selling a service. Since I checked with the town, I asked the landlord specifically if I would be allowed to open there and get approval by the zoning board, cause I didn't think I would. He told me that my service would be allowed, and they just didn't want offices being put in there. So we were going to do the deal. They got a higher offer, and backed out. A couple weeks later they called me back asking me if I was still interested cause it didn't work out with the other person. I told them yes, but are they sure I would be approved by the zoning board. They again said yes. Needless to say I signed the contract, and gave two months security deposit. When I went to get it approved by the zoning board the town turned me down. I want to get my money back. The contract did say in it that the landlords weren't responsible for any zoning problems and stuff. But I only signed it based on what they said. Am I entitled to any money back? Thanks guys

Fr_Chuck · Nov 10, 2009, 06:47 PM

Can you prove he told you ?

But in general any verbal agreements or vergal statements made prior to the signing of the lease are not valid after the lease is signed, only the written material.

If you had doubts, you and only you are responsible to check with the city zoning or have a clause in the lease that allows you out if the zoning is not aproved.

ScottGem · Nov 10, 2009, 07:01 PM

I'm going to turn this around a bit and you are not going to like it. I'm going to pose the question; do you deserve to get your money back. I'm also going to answer it, the answer is no.

You signed a lease that specifically absolved the ladnlord of any liability if you couldn't get the zoning variance! Did you have an attorney look over that lease? That was mistake one. Signing was mistake two. Not checking to see if you would get a variance yourself was mistake three. Three strikes and you are out.

The lease absolves the landlord, so if they do not want to return your security they have legal grounds not to.

If you were concerned about getting the variance then you should have put that into the lease. If they refused that would tell you how confident they really were.

If you are going to run a business you need to do so in a businesslike manner. This means getting EVERYTHING in writing.

Lawhelp21 · Nov 10, 2009, 07:05 PM

Originally Posted by Fr_Chuck

Can you prove he told you ?

But in general any verbal agreements or vergal statements made prior to the signing of the lease are nto valid after the lease is signed, only the written material.

If you had doubts, you and only you are responsible to check with the city zoning or have a clause in the lease that allows you out if the zoning is not aproved.

The only way I can prove it, is there were witness's there when I asked? What do you think, any shot at the money back?

LisaB4657 · Nov 10, 2009, 07:15 PM

The only possible chance you would have of getting your money back is if you could prove that the landlord committed fraud. That is very difficult to prove. And since the lease contained a statement that the landlord was not responsible for zoning you have a huge strike against you. But hey... if the amount of money falls within the small claims court's jurisdiction, file. You never know what a judge will do and it doesn't cost much to file in small claims court. Bring your witnesses to court and maybe you'll get a sympathetic judge. But don't get your hopes up too high.

Fr_Chuck · Nov 10, 2009, 07:28 PM

The cost of small claims court is small, and the landlord may even make a settlement offer ( maybe 1/2) if they are served, but then they may also decide to sue you for the value of the entire lease to the max of the lease allows.

Lawhelp21 · Nov 10, 2009, 07:33 PM

Yeah I submitted a thing to small claims just to get them going and see I was serious.. now they got it dismissed, which I knew they could, because I need a lawyer since Im a LLC, but now I can either pay for a lawyer and hope for some kind of mediation or settlement, or even a sympathetic judge

And THANKS EVERYONE FOR THE ANSWERS

excon · Nov 11, 2009, 05:46 AM

Originally Posted by Lawhelp21

The only way I can prove it, is there were witness's there when I asked? what do you think, any shot at the money back?

Hello Law:

Even if you can PROVE he said it, you aren't going to win. If I told you that you could rob that bank on the corner and nothing will happen to you, and you do it, it's not MY fault if something DOES happen. Your landlord IS not responsible for giving you bad legal advice...

excon