Leasing question on tent obligations when not presented with accurate information (California)
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[{"id": "gttoj2c", "text": "You need an attorney.", "replies": [], "depth": 1}, {"id": "gttov1f", "text": "With what you\u2019ve provided - I\u2019d say that line covers the landlord unless they also make specific representations elsewhere in the lease regarding the space or building. If the permits are on the building and not the premises, then landlord should be resolving them to the extent they are required (or want) to.", "replies": [], "depth": 1}, {"id": "gttpzgx", "text": "Do you mean like a carnival tent or like a camping tent?\n\nMore seriously: is there a liquor license/permit clause that permits the tenant to terminate the lease in this case? Requiring the tenant apply for any and all necessary licenses and permits within the first few months of the lease and giving the tenant the right to terminate if any of those licenses and permits are denied protects the tenant from exactly this situation and it protects the landlord from tenants who might otherwise operate illegally without the necessary licenses and permits.", "replies": [{"id": "gttw023", "text": "That's why tenants need lawyers or smart agents to protect them from this kind of thing.\n\nThe tenant is going to be responsible for themselves, doing proper due diligence.\n\nThe landlord also will be pissed at ll's broker/leading agent. We aren't in the business of leasing to tenants who can't be successful themselves.", "replies": [{"id": "gtuqr5n", "text": "But landlord was negligent and did not keep up with proper permits for the building. He also allowed previous tents to make changes without any permits.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gttqxwu", "text": "Oooof enjoy court.", "replies": [], "depth": 1}, {"id": "gtttnq8", "text": "If you can prove that the landlord knew this was an issue when you signed the lease and didn't disclose it, you might have a case regardless of what the lease says.  Talk to an attorney.", "replies": [], "depth": 1}, {"id": "gttw93o", "text": "Talk to a lawyer. Maybe you can claim the lease is frustrated.", "replies": [], "depth": 1}, {"id": "gttwi77", "text": "What happened here? You were shut down because of landlords permits? What permits in particular? Building permits? Spell it out a bit please", "replies": [{"id": "gtu2poi", "text": "Building permits!", "replies": [{"id": "gtxpgzl", "text": "Contact a lawyer immediately. They may be able to claim that the lease is frustrated. You must contact a real estate lawyer in your area.\n\nI suspect that the LL skipped the permit to turn the unit around faster.\n\nThe ll possibly did not deliver the unit to you in the state prescribed in your lease. You need to review that.\n\nWhat do you want, the lease thrown out, or the rents to be delayed until you get permits? You can possibly negotiate to delay rents out even the start of the lease term.\n\nDo you have a fixturing period where you can move in, build out and not pay rent?", "replies": [{"id": "gty2dtx", "text": "Thank you! Just hired a lawyer so he can look over everything in the lease.  My ultimate goal is to delay rent until we both get the final approval from health and building. (He needs the health departments approval so he can get his Certificate of Occupancy) But the catch is the health department approval is tied in with my approval for running my restaurant. So until that doesn\u2019t happen I want to delay rent.", "replies": [{"id": "gtz8oj7", "text": "A reasonable landlord will hear your request but may not abate the rent. It depends on your lease and nature of your business.\n\nThe lawyer can help you make the request of there are legal grounds to do so, but the landlord may want to stick to the terms of the lease.\n\nA commercial realtor can assess your market, and what tenant inducements are typical, ie x months of free rent for fixturing, or maybe cam property tax and insurance installments and maintenance are due (additional rent) but base rent is free for x months as you fixture before you open for business. This depends on where the you are located, and what is typical in your market for the type and size of space you are renting.\n\nNext time consider going through a broker", "replies": [{"id": "gtzfss8", "text": "The land lord is free to want to stick to the lease. However my whole argument to that is, the terms of the lease is nullified as soon as all of this came to light. Although the lease states it is the tenants job to do their DD no amount of DD or investigation could have been done when no one not even the city knew about all the permit issues. This only came to light when the city did a full walk through which happened after me signing the lease.", "replies": [{"id": "gtzgeud", "text": "Hopefully your lawyer can review and see if you are protected, and hopefully the delay is short, one month is not a big deal for the LL.\n\nI hope this works out for you, but as the expression goes, hope for the best, plan for the worst.", "replies": [], "depth": 7}], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gtuzsub", "text": "That is what the free rent is for. You have an expeditor?", "replies": [], "depth": 1}]