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Posts Tagged ‘Lease’

LAWYER’S Advice needed…Can I argue “Frustration of Purpose” in this business lease dispute?

Question by lap: LAWYER’S Advice needed…Can I argue “Frustration of Purpose” in this business lease dispute?
Okay, so I found this commercial space inside a shopping center for sublease. I contacted the tenant and told him that I wanted to rent it for use as a half-day preschool. He took my information and said he’d have to run it by the property owners to get my business approved. No credit checks or background checks or nothing of the sort….he just had to get my business type approved. Anywho, he told me that I was approved & I entered into the sublease agreement, which was signed & notarized by me, him, and the property management company. Unfortunately, the requirements to get a building permit for the change of occupancy (this was a Mercantile business before, mine would be determined as an “Educational” business and would have different building requirements) would require structural changes to the building (a new firewall would have to be added, sprinkler system may have to be added, emergency exterior lights installed, etc.). My lease prohibits any structural changes, but I can’t get a permit without it. And, therefore, I can’t open business there.

My argument is that the type of business was “approved” by the direct tenant AND the property owner. They knew that I was using the building solely to open my new half-day preschool. I proposed to void the lease and just get a return of my security deposit. I’m not even asking for the rent that I’ve paid thus far (I’ve been there 2 months) and I’m not asking for any expenses that I’ve lost either (loss of clientele, printed publications/advertisements, etc.). They are refusing to give me this, saying that I am still legally obligated to the lease. AND, they refuse to allow me to make the necessary modifications to get the required permits for my business, which leaves me paying $ 1500/month for another 10months on a building that can not be used. Therefore, I feel, they are obstructing their obligation to allow me to open business at the location. The lease is conflicting in this way. A very nice attorney answered this question in another forum and said that I could argue the “Frustration of Purpose” doctrine, which I found out, is indeed still enforceable in my state of NC. Would I stand a chance in making a case with this? What key points should I highlight in my case? The dispute is over $ 1500 sec. deposit. If I sue, I would likely want to recover, at a minimum, my security deposit, and, at best, my security deposit PLUS the two month’s rent that I’ve paid (total of $ 4500 for everything). Being that the total would, either way, be under $ 5k, should I take this to small claims or district court? OR, would it be best to just “abandon” the lease and let the tenant take me to court to try to recoup the lost rent?

Best answer:

Answer by Terrance M
If you abandon the lease, then he could and most likely will sue you.

Frustration of purpose states : Frustration of purpose occurs when an unforeseen event undermines a party’s principal purpose for entering into a contract, and both parties knew of this principal purpose at the time the contract was made.

An UNFORSEEN EVENT … and BOTH PARTIES KNEW OF THIS PRINCIPAL PURPOSE.

If you can prove these two points, then yes.

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1 comment - What do you think?  Posted by - February 10, 2011 at 3:12 pm

Categories: Business Lawyer   Tags: , , , , , , , , ,

Dissolution of Marriage for a new lease of life


by LordKhan

Dissolution of Marriage for a new lease of life

Marriages are solemnized in heaven but very few are enjoying the perfect bliss in their marriage. The loving relationship which materialized in wedding sometimes took ugly turn when both party does not have faith in each other. There are numerous reasons to the people for this difficult decision. Some times it could be financial or sometime it the betrayal or lack of understanding. When any one of them or both want themselves to be out of their legal duties and responsibilities they opt to dissolve the bonds of matrimony. Here they need a legal lawyer who can give them direction to proceed further. Houston divorce lawyer help you thorough this hard time and offers our services in spouse support, child custody, child support, debt settlements, and property distribution.

Houston divorce lawyer deals in all types of cases from the mutual consent divorce to most convoluted divorce. Our company provides psychological, mental, and legal advice to all distress couples at a very minimum cost. We provide you the best way out of your freedom of choice. You can even benefit yourself from our counseling session which can be useful to you to remove misunderstanding between the two parties. In some cases, mere absence of communication between the two makes them desperate for the divorce. Our in house counselors try to understand the root cause for your divorce and help you accordingly.

Divorce lawyer in Houston believes that we should try at least once to save this beautiful relationship. But if you still want to get along with the decision we provide best legal advice to protect their legal rights. We make sure that all matter and necessary issues are discussed and resolved while still allowing both parties to stick to their agreement as much as possible. We make them understand that out of court settlement is beneficial as they can save lot of money and energy while fighting in the court.  

Divorce has a deep impact on the lives of the couple but it is a ray of hope for highly distress couples who are fighting with each other and every where. The reasons of divorce can be betrayal, lust, lack of trust, or even domestic violence. One can see a dead end in the relation for any one reason or a combination of two or three reasons. Although Divorce is a very painful decision as it broke the faith from top to bottom. Houston divorce lawyer deal the client patiently, keeping in mind the amount of stress the client is bearing when they approach us.

Houston divorce lawyer provides an option plan to the couple to save their marriage. We try to reduce the confusion or emotional chaos surrounding divorce issues. We provide counseling to avert their decision.  Regrettably, sometimes the circumstances are such that the divorce requires a tough legal standing. Even in these cases divorce lawyer in Houston tries to negotiate to get the best deal. Our company name is synonymous with victory on all fronts. People rely on us as we are known for our commitment and dedication.

Dominic Benjamin has been an author for divorce law firm (http://www.mannfamilylaw.com) since 1999 and writing articles on divorce law, child custody and divorce lawyer in houston

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Article from articlesbase.com

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Be the first to comment - What do you think?  Posted by - October 20, 2010 at 1:04 am

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Your Standard Lease Agreement And The Vital Details It Must Have

Your Standard Lease Agreement And The Vital Details It Must Have

Preparing your standard lease agreement requires that you know all the important parts of a legal agreement. Your lease agreement will be not valid and ironclad unless you learn to understand every necessary ingredient.

Define the Sections of Your Rental Agreement

You should start drafting your standard lease agreement by first defining the sections that you will need. This includes the names of the people entering into the agreement, their signatures and your lease terms.

In a rental agreement you also need to include information about rent payments, defaulting on payment, deposits, use of the rental property, responsibilities and any other guidelines for the renting of your property.

Not only do you need to have all the important sections in your standard lease agreement, but you need to be sure that each section contains the required details.

What Your Should Include in Every Section

The names of the parties involved in the agreement will include anyone living at the rental property who are over the age of 18 years old. It should also include your name and names of any co-owner, if applicable. It is important to include all the relevant parties because these are the people who will be held legally responsible for your rental property.

The lease term should also be stated clearly. Make sure you specifically state the start and ending dates for the lease.

You need to handle the payment on rent thoroughly. You have to state how much the rent is, when it is due and give specifics about what will happen if it is late. Be specific and make sure that you state what constitutes a late payment.

If you are asking a deposit from your tenants, you must state how much the deposit was and the terms for return of the deposit. By law in most areas you are required to return that to the renter at the end of the lease term with some exceptions.

If you plan on charging fines, fees or other charges you will also have to put it down in writing. Be sure to state what are the exact charges you will impose.

You also need a section that spells out responsibilities for repairs, lawn care and other maintenance. Once again make sure that you are specific. You should state what you will take care of and what you are not responsible for.

Wrapping Up Your Standard Lease Agreement

Remember to grant yourself access to your rental property so that you can collect rent and make repairs as needed.

You should impose restrictions on the intended and proper use of your rental property so that you can protect yourself from nasty tenants who will abuse your rental home or harass the neighbours. This clause will be invaluable in case you will ever to evict anyone.

Preparing a standard lease agreement takes time but it is always worth the effort. Once your rental agreement is signed it will be a legally binding contract that both you and the tenants must follow. If you are unsure, it’s always a good idea that you get a landlord tenant lawyer to look at it to make that it is valid and ironclad.

Teo Zhenjie has been showing landlords how to manage their tenants and rental property effectively on Propertydo http://www.propertydo.com/ – To learn more important tips on standard lease agreement, visit his website today for step-by-step real estate guides, free resources and forms.

Teo Zhenjie has been showing landlords how to manage their tenants and rental properties effectively on Propertydo.com http://www.propertydo.com/ – Visit his website today for step-by-step real estate guides, free resources and forms.

Article from articlesbase.com

Be the first to comment - What do you think?  Posted by - October 17, 2010 at 12:44 am

Categories: Landlord Tenant Lawyer   Tags: , , , , ,