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Your case is not for declaratory relief. It is a claim for breach of the covenant of quiet enjoyment and implied covenant of good faith. Damages are for the interference with your reasonable business expectations by the landlord which prevents you from enjoying the benefit of the bargain. Any consequential damages associated with your having to relocate may be recovered.
However, in a settlement negotiation, what you get is what you agree to. You may find that the landlord treats your demand for consequential damages as a deal breaker. If you do, then you will have to decide whether to sue and risk the court not giving you attorney's fees as part of the suit, or accepting something less than what you originally wanted.
The point is that a settlement is a negotiation,and unless you're prepared to negotiate, you'll probably find it a waste of time.
Hope this helps.
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You can ask for any damage that "reasonably foreseeable and naturally flows from the breach." This is a flexible standard, but it basically means that if the parties to the contract could have seen a particular injury at the time that the lease was entered into, then the cost of that injury is recoverable.
If you decide to sue, then you ask for everything you can think of and more. Never ask for exactly what you want, because you will surely receive less.
Difference in cost between your current lease and a new location.
Build-out cost, not to exceed what you previously paid.
Cost of moving equipment/fixtures.
Cost of business cards, stationary, etc.
You could ask for lost profits (not revenu), but you will have to show consistent profits prior to the beginning of this episode, because your damages must be definite and certain or the court cannot award them.
The CEO responded and said he cannot accomdate the financial cost that will take us to relocte, but maybe help with rent. The only problem with this is the other properties they manage is much bigger then my current space and more expensive. Their other space will increase my monthly rent expenses by $1050.00 not including moving expenses, equipment rental, build-up, additional fixtures etc....I was going to ask for at least six months free rent to help off set some of the relocation cost.....I believe this will be cheaper for him this way instead of me going to court and asking for all cost to help relocte and find a new property to lease. At this point I believe the CEO is willing to do very little in reference to financial support. He will not respond to e-mails in writing, but he will call me and leave a voice mail with his answer. How should I approach this? Or should I just contact my attorney at this point? He also notified me that the admendment to my current lease is ready. I believe that the new admendment proves guilt and fault. I also confirmed our discussion in writing that the water and swerage problem makes it unusable, he only responds verbally.
I confirmed in writing that the admendment to the lease was due to the space being unhabitable. I also propsoed the six months of free rent to settle the matter. The CEO read it and never sent a response or replied. He had a manager to tell me his proposal which reads:
$700.00 for the first two months at the new location
$1400.00 for 10 months
$1500.00 for the second year
$1600.00 for the third year
This proposal is not in our budget. We have been in business for 18 months and just beginning to see profit. This move would be a set back without financial assistance.
It appears to me the CEO wants me to go into a new 3 year lease at the new location. They told me the admendment would be done today it wasn't.
How is this helping me with relocation cost because of a problem which I did not cause?
I have not paid for the current month. Based on what you have read concerning my problem, did you think the court will award me damages to relocate. I have several statements from other store owners explaining the ongoing water and sewerage problems at this location with myself and them. If I contact my attorney what cost should be litigated?
I have 18 months remaining on my lease......the difference will total about $14,000.00 not to include relocation cost. I f I cannot sue in small claim court because of the amount and I have to hire an attorney...can I ask the court to award attorney fees....in addition?
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