have I got grounds to get out of my commercial lease?
I have been in a lease for 2 1/2 years there is 6months left on the lease, I was asked to come from Australia to get a shop/restaurant running as it was totally run down. My landlord (and uncle) told me that he would do all necessary repairs to the building. He has done none of it, at my own expense I have had to put in toilets as the old ones had rotted and been ripped out, redone wiring as was getting electric shocks, fix plumbing and drainage, had to install new rangehoods as old ones did not pass health standards as well as much painting to also pass standards, I have not been reimbursed for any of this, I signed a lease as a company however i have never recieved copies back to verify that it has be approved, I do know however they lost their copies as i photocopied one that i kept (one of the original copies) and gave it too them only a couple of months ago. Since being in the business i have grown it from nothing to having a brilliant reputation and we are doing well, however we want out, our landlord is constantly harassing and i feel sabotaging us, He owns the motel as well which is next door and i feel we complement his business as people have started staying there because we offer takeaways, deli and a licensed restaurant now. I have been told by a number of customers if they ring the motel looking for our number they refuse to give it to them or simply give them the wrong number. My landlord also has control of our hot water which he frequently turns of or empties the heat exchange so i am without hot water for the restaurant and house (both in one building) he has claimed part of the parking out the front since we have been here and installed motel guest parking only and if someone parks there and comes into the shop he will ring up and abuse me and my staff. Also when i was heavily pregnant he removed all the copper coils from the heat exchange so we no longer had heating throughout the house and restaurant. My landlord also parks vehicle right outside my bedroom & babies room as it is on his property, he will rev the car full on to charge the battery. I have also on occassions left babies window open for fresh air, i have then come to the house to check on her and the whole house smells like carbon monoxide as they have left cars running with exhaust going straight into the window. I have caught and been told by their motel managers that they are constantly spying on us through a fence which goes around our back yard. Do you think i have grounds to get out of my lease which i dont even know if its valid. Help
- 10 years agoFavorite Answer
Your landlord is being a total jerk.
Relatives are NOT good business partners / associates. They can be a total / complete pain in the (insert body part).
He may not "like" the fact you are doing so well.
He "may" be trying to get you to break the lease, so you don't have legal recourse, to claim that he "owes" you. (failure to fix what he agreed to, harassment)
You need a lawyer!
Did you accept the building in "as is" condition or did he agree to make repairs, preferably in writing? (verbal agreements ARE legal in Ohio)
If the building was stated to in ready to use condition, the plumbing, electrical, hood issues should have been on him.
The paint, if in poor (unusable, peeling,in need of repainting) condition could /would be on him. If you just didn't like the "decor", it would be on you.
The car outside the window, call the police. EVERY TIME he does it. This may be a "public nuisance", disturbing the peace", "harassment", "emitting noxious fumes".
It is ILLEGAL for a landlord to turn off heat or hot water, if he is in direct control of it. This is considered a vain & illegal attempt, to get you to leave.
Get caller ID. Get a recorder for the phone line. EVERY time the motel calls, hit "record". Call the police EVERY time. The landlord can claim that you are paranoid. You will, 1. have proof of calls by phone company records, 2. will have proof of actual "conversations", 3. ant last, but not least, the police WILL get tried of the phone calls & WILL do something.
Business's need parking. If he took the parking right in front of the restaurant, when it is not preferred (front door) / needed parking for the motel or he is taking YOUR preferred / needed parking for the restaurant, I would say that he is harassing you.
Watching you could be harassment, voyeurism.
I would thing a quick way getting him to hold up his end the bargain would be an escrow account. You would take your lease payment & place it into a separate bank account, under your control. He doesn't get a nickel, until either you or the Court states that he gets it.You MUST be able to show the Court that you made full, on time payments. You touch a penny, the deals off!. He may be entitled to the interest. After all, you deprived him of the cash, when he should have received it.
(Money makes the world go 'round)
Last, if he can not produce a signed, written lease, he doesn't have much of a leg to stand on. (Don't forget the verbal agreement issue)
Get a lawyer / attorney!!!!!!!!!!!Source(s): Experience. 19 years in the construction business. I have 3+ business associates, that have rental property. Have read up on Ohio's rental laws, court cases.
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