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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5930
Experience:  20 years experience as a civil trial and appellate lawyer
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What is the process arbitration?When the landlord told me

Customer Question

What is the process for demanding arbitration?When the landlord told me that I could not use the land for the scale that was intended when we signed the lease, I considered the lease void and have not been on the land since. Would returning to the land or using it in the mean time hurt my case or arbitration?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Maverick replied 9 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 9 months ago.
1. What state are you located in?2. Can you please give us more background information so we can better assist you?3. How soon after the lease was signed did the LL tell you you could not use it?4. What does the lease say on this issue of use?5. What do you mean by "for the scale that was intended"?
Customer: replied 9 months ago.
1. Oregon2. What kind of background will help the most? I planded to do a commercial grow between 100 - 200 plants under a 40,000 square foot canopy. She decided I could only grow 48 plants and told me on several occasions that I would never be allowed to do what I wanted. I told her that was not an option for me and she asked that I move to another property. I told her that I would try to make that work but after wasting a lot of money trying - I relayed that would not work and I needed to get as far away from this landlord as possible.The landlord even told me that the property which I signed a lease had already been re-leased in a text message after I realized that she could not provide legal access to the property she was trying to move me to.3. She told me that within the first week of the lease.4. The lease does not specify or limit the scale do my operation.5. At a commercial scale, she was thinking of a smaller scale.I have attached a copy of the lease. Thank you so much for taking the time to help.
Customer: replied 9 months ago.
I realized (1) that would not work and (2) I needed to get as far away from this landlord as possible. My investors realized this as well and will not put any money towards a project involving my current landlord. She tends to act extremely controlling and make threats.
Expert:  Maverick replied 9 months ago.
1. What is the process for demanding arbitration? Since none is specified in the lease, you can try to submit the demand through the American Arbitration Association. Here is their website. See the Services tab. You can also contact a local lawyer who is certified in conducting alternative dispute resolution services. See this list. They will help you initiate the process as well. 2. When the landlord told me that I could not use the land for the scale that was intended when we signed the lease, I considered the lease void and have not been on the land since. Would returning to the land or using it in the mean time hurt my case or arbitration? I would not suggest returning; rather I would operate under the assumption that she released it and that you are due a refund because of a mutual mistake of fact as to the scope of what the parties intended would be covered under the lease. See this law. mutual mistake of fact is a mistake made by both parties concerning a material fact that is important to the subject matter of a contract; here the contract may be rescinded