|
My friend rent a office, signed a contract. After one month, the
landlord told him the rent would be increased by $100 each month or he
should move out. He said the lease is invalid because he is actually
not in the position to make any decisions about renting this office.
|
| |
| |
In article <39j19111nir2g6r3sbl8qgpat8rvd12nan@4ax.com>,
nyzach <nyzach@yahoo.com> wrote:
My friend rent a office, signed a contract. After one month, the
landlord told him the rent would be increased by $100 each month or he
should move out. He said the lease is invalid because he is actually
not in the position to make any decisions about renting this office.
Then he isn't in the position to increase the rent either, is he?
And if he signed the lease claiming to be authorized to do so (and the
signing itself is making that claim) then he committed fraud.
Seth
|
| |
| |
In article <39j19111nir2g6r3sbl8qgpat8rvd12nan@4ax.com>,
nyzach <nyzach@yahoo.com> wrote:
My friend rent a office, signed a contract. After one month, the
landlord told him the rent would be increased by $100 each month or he
should move out. He said the lease is invalid because he is actually
not in the position to make any decisions about renting this office.
Maybe your 'friend' should ask the landlord if he is prepared to face
a civil lawsuit for fraud, *and* possible criminal charges for 'theft
by deception'.
The landlord originally 'represented' that he _did_ have the authority
to make decisions about the property in question.
The lessee "relied" on those representations.
If the landlord is "unable" to fulfill the obligations that _he_ contracted
to provide, this is _not_ the lessee's "problem".
The landlord _may_well_ be correct that the lease is 'invalid' -- if it
was entered into without authority from the party that actually controls
the property. *IF*SO*, the landlord _himself_ is liable for _all_ costs
and/or damages incurred by the lessee, in remedying the situation..
|
| |
| |
Thanks you all for your kind help.
This is the whole story:
After I sub-let an office space by signing a 2 year
lease, my (sub)landlord agreed at my request to
release me from my lease obligations and to return
my security deposit if I found a suitable tenant to
take over my my lease. I did that; the new renter
("my friend" in the last post)
entered into its own lease and made its own security
deposit; and I was told I will be given my refund in
10 business days. However, 20 business days later,
my former landlord refuse to pay my deposit back
(2085$)in single check. He told me they could only pay me
back by installments. He asked me to pick up the first check
but refuse to tell me how much was in it and when the
rest of them will be paid. After many calls and with
the intervention of his landlord, he finally told me that
there is $500 in the check, and the rest of them will be
paid back in 3 checks in 3 months. But what worries me is that
he started to lie on some of the facts. He said I broke the
contract, that I left without their approval, and he was not
in the position to make decisions etc. (the fact is I brought
the new renter to them. They signed the contract, put deposit.
I moved out the next day, gave the key to the new renter on the
third day.)
Two days ago, the current renter who continued my lease
(mentioned as "my friend" in last post) called me,
the guy increased the rent by $100/month. They told
the current renter that my original lease was not valid,
and that I broke the lease, so their (continuing) lease is not
valid. It was two seperate contracts. Also he is not in
the position to make that decision. etc..
The current rent was very angry, but seems reluctant to
go through legal process, becasue their offices are next door.
I haven't pick up the first check, since they refuse to write down
the instalment plan. But the new execuses and lies makes me doubt
if they can keep their words. (had he kept his words, he sould
have the second check on May 16 as he told me, but till today May 24,
he still only have one.) I checked on internet, anthoer guy
who always work together with him (his boss?) have another business,
had his name on rip off business report for receiving returned product,
but never kept the promise of refund the money of around $3000.
The problems is I don't have much written evidence of the above facts.
And when I sign the contract with him, he printed his boss's (?) name,
and signed his name, at which time I couldn't tell who is who.
I started to record our phone conversation after I realized that they
may lie just about everything. Could the tape be used as evidence?
Thanks in advance for any advise and suggestions.
|
| |
| |
|
