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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98935
Experience:  Lawyer
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I moved into a commercial facility in Feb on a verbal agreement.

Customer Question

I moved into a commercial facility in Feb on a verbal agreement.
It is a show room plus a shared warehouse. We moved into the place and put something on the shelves verbally agreed on.
I have been asking for written agreement since.
The landlord starting change since day one and now claiming the warehouse is not included in the rent and put up a latch to limit our access. She fooled us to move our staff on to a shelf set up by ourself and on the floor. She promised to vacant another shelf for us but never did.
Plus, the landlord did not provide heating in the Winter and made the unit basically useless.
This actually stopped our plan to expend the business in Canadian market.
What should we do now and can we seek compensation from the landlord
Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
What province is this?How much would you say you are entitled to be reimbursed for in terms of the rent?
Customer: replied 1 year ago.
In Toronto OntarioThe agreement is $1500 all in plus tax
Customer: replied 1 year ago.
I don't know how much to claim. The unit is hardly used, in average, about 1-2 trips each month excluding initial set up time.The moving cost about $5000 plus my time.
Expert:  Debra replied 1 year ago.
What you can do is send the landlord a letter by Registered Mail. In the letter set out what you believe you are entitled to in terms of a partial reimbursement for the rent of the warehouse. Then tell her that you want her to fulfill the agreement starting now or if you are planning to leave because of this tell her that what she owes you for moving costs. Tell her if she fails to comply you will commence legal proceedings and then will be seeking damages for loss of business opportunity, interest and your costs.You can sue her for up to $25,000 in Small Claims Court and can self-represent and if it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.
Customer: replied 1 year ago.
sorry, 1-2 trips each week. about 1-2 hours each time. It is just too could to stay.After the warehouse door is locked in mid March, I need to cancel many trips in the weekend and evening.
Expert:  Debra replied 1 year ago.
Did you see my answer?
Customer: replied 1 year ago.
not yetwhere is it
Expert:  Debra replied 1 year ago.
Here it is again. I answered a while ago but you keep posting more posts so I think you over-looked it: What you can do is send the landlord a letter by Registered Mail. In the letter set out what you believe you are entitled to in terms of a partial reimbursement for the rent of the warehouse. Then tell her that you want her to fulfill the agreement starting now or if you are planning to leave because of this tell her that what she owes you for moving costs. Tell her if she fails to comply you will commence legal proceedings and then will be seeking damages for loss of business opportunity, interest and your costs.You can sue her for up to $25,000 in Small Claims Court and can self-represent and if it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.
Customer: replied 1 year ago.
Now the problem is that the landlord is lying about the terms and how can I prove it?She always claim the warehouse port is not included after she set up a fitness club in other areas. She once told me that she wants the unit back to serve as dinning area.
Expert:  Debra replied 1 year ago.
It will be her word against yours but the Court will most likely believe you because you are the one telling the truth. You will be able to explain what happened under oath and also cross examine her under oath.
Customer: replied 1 year ago.
I had asked the previous landlard to send me a letter the business cannot be operated without the warehouse portion and her ad stated warehouse and office space. Is that good enough?
Expert:  Debra replied 1 year ago.
Yes that will be excellent evidence.
Customer: replied 1 year ago.
In addition, she took 10 pieces of metal painting from my office worth about $10,000 claiming to try them out in March, but never returned. I deducted the rental of the Arts work from my rental in June. This month, I asked her again about those Art work and she said she returned them to a box in the warehouse. I have hold the rental payment in July. It seems to me that might have made a mistake doing so. Should I send her checks for full amount for June and July?
Customer: replied 1 year ago.
Those aluminium metal paintings are very soft and easily to be scratched. They are 1 meter x 2 meters in size and need to be wrapped properly for storage.
Expert:  Debra replied 1 year ago.
Yes because she can lock you out otherwise.
Expert:  Debra replied 1 year ago.
So the rent and then sue if necessary.
Customer: replied 1 year ago.
Thank you.
Expert:  Debra replied 1 year ago.
You are very welcome.

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