Landlord build out is taking too long, any recourse?
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[{"id": "e2vcejo", "text": "Cross post with r/legaladvice", "replies": [{"id": "e2vcfsc", "text": "I did that just now, thanks.", "replies": [], "depth": 2}], "depth": 1}, {"id": "e2vez30", "text": "As a landlord rep, if we were ever this late for a start date on a job, the tenant rep would be all over me about it, trying to get free months of rent. Typically if there is a fair amount of work to be done before the lease, there is some sort of recourse built into the deal. Read your lease again and make sure you didnt already give up some leverage based on what was written down and signed.", "replies": [{"id": "e2vlo3d", "text": "Agree with above. Have an attorney review the lease, the leaking pipe and landlords lack of effort to repair might be enough to be considered breach. In the future, try building in penalties for late delivery. ", "replies": [{"id": "e2vpoib", "text": "In the future you can include a \u201cdrop dead clause\u201d in contracts. It basically says \u201cTenant has option to cancel his contract of the premises is not delivered by a certain date\u201d", "replies": [{"id": "e2wql0o", "text": "Unfortunately there is nothing written directly in the lease for a delivery date so there aren't penalties written. For my next space I will definitely hire my own lawyer but this space was a great deal so I wanted to sign quickly. To be clear, I don't want to leave the space, I just wanted to know if there is something I can do or show (besides already asking them 1-2 times a week) to make my landlord move faster.\n\nThe only part in the lease that mentions a date says the following:  \n\n\"The term of this Lease for which the Demised Premises are hereby leased, shall commence on May 1, 2018 (\u201cCommencement Date\u201d) and shall expire on April 30, 2020 or shall expire on such earlier date upon which said term may expire or be cancelled or terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law (\u201cExpiration Date\u201d) (\u201cTerm\u201d). The Commencement Date shall be delayed to such later date Owner fully completes work in the Demised Premises. In that event, the Expiration Date shall be twenty four (24) months from the Commencement Date.\"  ", "replies": [{"id": "e2x2huh", "text": "Unfortunately, with that wording, you don\u2019t have much legal recourse.\n\n( I am a realtor not an attorney -for reference)", "replies": [], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "e2wqkjb", "text": "Unfortunately there is nothing written directly in the lease for a delivery date so there aren't penalties written. For my next space I will definitely hire my own lawyer but this space was a great deal so I wanted to sign quickly. To be clear, I don't want to leave the space, I just wanted to know if there is something I can do or show (besides already asking them 1-2 times a week) to make my landlord move faster.", "replies": [], "depth": 3}], "depth": 2}, {"id": "e2wqxi6", "text": "Unfortunately there is nothing written directly in the lease for a delivery date so there aren't penalties written. For my next space I will definitely hire my own lawyer but this space was a great deal so I wanted to sign quickly. To be clear, I don't want to leave the space, I just wanted to know if there is something I can do or show (besides already asking them 1-2 times a week) to make my landlord move faster.   \n\nThe only part in the lease that mentions a date says the following:\n\n\"The term of this Lease for which the Demised Premises are hereby leased, shall commence on May 1, 2018 (\u201cCommencement Date\u201d) and shall expire on April 30, 2020 or shall expire on such earlier date upon which said term may expire or be cancelled or terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law (\u201cExpiration Date\u201d) (\u201cTerm\u201d). The Commencement Date shall be delayed to such later date Owner fully completes work in the Demised Premises. In that event, the Expiration Date shall be twenty four (24) months from the Commencement Date.\"", "replies": [], "depth": 2}], "depth": 1}, {"id": "e2vxscz", "text": "Why are you paying for insurance on a space you do not have occupancy of?  Call your insurance and pause it. Also, maybe start looking for a new place. This one sounds like it\u2019s not professionally run. ", "replies": [{"id": "e2wqmjm", "text": "Because my landlord assured me it would be done by a specific date, and the lease requires insurance on day of move-in. I did not expect them to keep giving me the runaround.", "replies": [], "depth": 2}], "depth": 1}, {"id": "e2w0frv", "text": "First, it would be unreasonable to think that kind of work could be done in 2-3 weeks.  All of the work described sounds like it would require permitting.  Just pulling a permit can take 30-60 days depending on where you\u2019re at.  \n\nDoes the lease allow you to terminate if the Landlord fails to delivery by X date.  Is there a penalty the Landlord has to pay for every day past this delivery date?  These are pretty standard in a commercial lease.\n\nI would cancel the insurance ASAP.  It is not necessary until you take possession.  Make sure the landlord issues you a possession letter once all of their work is complete and you decide to stay.", "replies": [], "depth": 1}, {"id": "e2w2k5x", "text": "Fortunately, your largest cost is covered, since you don't pay rent until it's complete. Asking for free rent as suggested by the other guy probably wouldn't help in this situation. Suspending / moving the insurance start date could work. Is there anything else you can utilize your time for? Maybe moving in any equipment / furniture, doing all your marketing materials?", "replies": [], "depth": 1}, {"id": "e2wne2r", "text": "Your lease does not stipulate a Deliverable Date?", "replies": [{"id": "e2wqv91", "text": "Unfortunately there is no specific deliverable date, the only part in the lease that mentions a date says the following:  \n\n\"The term of this Lease for which the Demised Premises are hereby leased, shall commence on May 1, 2018 (\u201cCommencement Date\u201d) and shall expire on April 30, 2020 or shall expire on such earlier date upon which said term may expire or be cancelled or terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law (\u201cExpiration Date\u201d) (\u201cTerm\u201d). The Commencement Date shall be delayed to such later date Owner fully completes work in the Demised Premises. In that event, the Expiration Date shall be twenty four (24) months from the Commencement Date.\"  ", "replies": [{"id": "e2ws6yh", "text": "For future reference, as a Tenant leasing a Premise that has yet to be finished ensure there is a Deliverable Date.  This forces the Landlord to deliver the Premises to the Tenant on or before X date.  Otherwise, the lease is voidable by the Tenant.\n\nAt this juncture you need to schedule a meeting with the Landlord and discuss options. Due to the Landlord's inability to deliver your space on time it is interfering with your business.", "replies": [], "depth": 3}, {"id": "e32mq4h", "text": "Do you have a RE attorney or a broker in your corner in this at all?", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "e3yzb4a", "text": "Talk to your tenant rep. This is their job.", "replies": [], "depth": 1}]