Landlord billed us 300k in retaliation of not accepting BS buyout. HELP.
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[{"id": "fg5tf9k", "text": "Do you have emails, text messages or documentation about the offer?  If so, I'd get the opinion of another lawyer.", "replies": [{"id": "fg5th5y", "text": "Yes I do. He states that we are still contractually obliged to pay the 4 years in tax and insurance since we have a NNN lease", "replies": [{"id": "fg6ksfk", "text": "I assume that the lease doesn\u2019t have a time limit on how far back additional rent recovery adjustments can be claimed by the LL and tenant?\n\nI always make sure to have a 180 day limit after YE to claim any missed recoveries/unbilled rent time limit this kind of risk.", "replies": [{"id": "fg6pq3d", "text": "And requiring landlord to provide year-end true up invoices within 90 days (or whatever) from year end. Optional to have 12 monthly prepayments on estimated expenses so the tenant doesn't have a large bill at year-end.", "replies": [], "depth": 4}], "depth": 3}, {"id": "fg6srtj", "text": "Call the FBI and tell them that your landlord has been engaged in lender fraud.", "replies": [], "depth": 3}, {"id": "fgbri48", "text": "Talk to another attorney.", "replies": [], "depth": 3}], "depth": 2}, {"id": "fg75m7i", "text": "Does the fact that they resigned new leases after not paying that help them at all? It\u2019s clear the landlord was fine with not getting that payment if they resigned with op.", "replies": [{"id": "fg84t08", "text": "This is what we were wondering as well", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "fg5tyy4", "text": "Sounds like you tried to play hardball and the landlord held all the cards.\n\nTo mix metaphors.\n\nTalk to your attorney. This sounds like all goodwill has been burned and it is in the lawyers hands now. Which will cost you both a small fortune.", "replies": [], "depth": 1}, {"id": "fg6borr", "text": "See if there are commercial anti-harassment refs regarding buyouts out there.", "replies": [], "depth": 1}, {"id": "fg6q8ol", "text": "*Our attorney states we should just pay them* \n\n*They also stated that they have enforced us to pay quarterly in advance for the remainder of the lease since we missed rent payments for three consecutive months.*\n\nNo no no. Your attorney is giving terrible advise. Find another real estate attorney / contract attorney immediately. They can't just change the current lease amendment to incorporate all of these changes without you agreeing to them. They aren't evening running the proposed changes through their own attorney. They are obviously just making things up.", "replies": [{"id": "fg7hon9", "text": "I am guessing, since we don\u2019t have a copy of the lease to review, the attorney has read the lease and understands that the LL can enforce all the terms of the lease - which they had been ignoring up until they wanted to buyout OP. I am guessing LL had a great offer to buy the property and OP messed it all up so LL is now going scorched earth enforcing all clauses of the lease and trying to force OP out of the property. \n\nI think this ends poorly for all parties.\n\n\nBUT we don\u2019t have enough information. I am simply inferring.", "replies": [], "depth": 2}], "depth": 1}, {"id": "fg6qs6x", "text": "So you had a NNN lease but weren't paying the taxes the whole time?", "replies": [{"id": "fg6ro1p", "text": "Yes. Landlord stated verbally that she would never collect this but just needed it in writing to get her loans approved. She did not collect it for over 12 years. Now she is trying to collect but statute of limitations only allows her to collect for up to 4 years", "replies": [{"id": "fg6su1g", "text": "see my other comment", "replies": [], "depth": 3}, {"id": "fg6wrl3", "text": "This is outright fraud. I\u2019m slightly surprised you didn\u2019t notice this earlier as you (hopefully unknowingly) participated in it. Verbal statements do not hold in court. Depending on how your lease is written, they may be able to collect it from you since you signed for it and no record of collection has been made. As for the rent, it\u2019s whatever is written. If they said you do not have to pay for 6 months, you do not UNLESS they say you have to. They have all the cards. If they want you to start paying, all they have to do is ask. Your company signed the lease and is obligated to pay it. You need a RE attorney to search that lease like all hell to find anything that would limits collecting late payments by a certain date. But typically a landlord written lease won\u2019t include any of those favorable terms. An attorney will explain what will happen if you bring the lender fraud to the feds. Maybe that will help get you out of paying a good amount. Depends on your state and national laws.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "fg6vq77", "text": "my only advice is you need another lawyer.   15 yrs in the business. trust me.", "replies": [], "depth": 1}, {"id": "fg6yd6s", "text": "Holy shit I send my condolences, what an asshole landlord. Find a new contract / real estate lawyer entirely and document all contact with the landlord over the past few months. \u201cJust pay them\u201d coming from a real estate lawyer sounds like they are lazy or don\u2019t know what to do. Best of luck.", "replies": [], "depth": 1}]