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Ray, Lawyer
Category: Legal
Satisfied Customers: 32207
Experience:  29 years in civil, probate, real estate, elder law
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Hi, I need a ask a question regarding a lease agreement.

Customer Question


I need a ask a question regarding a lease agreement. I had a pre-condition lease to start renting a commericial property because several different licenses were needed. I started the process in October of 2009 and finished January 2010 due to minor delays and holidays. Anyway I have paid the ownere $15,000 so far. After getting all of the licenses he is now telling me that he wants to turn the place over to a realtor company to start showing it. What does this mean. Plese help!
Miami, Florida XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.
Thanks for your question.Unless you have a lease here he can sell property.You would look to the pre condition lease to see what your rights are.The document contains all the rights and responsibilities here of the parties and any time periods involved.
Customer: replied 5 years ago.

He is not looking to sell the property, he is looking to rent it to prospectives.


Expert:  Ray replied 5 years ago.
Well was your prelease here time limited or what?
Customer: replied 5 years ago.

No it was not for a limited time. It was until I got all of my licenses which he knew would take time. This same process is used by other facilites in the area that needs a federal license to operate. Time is always given to the tenant becasue they know that these spaces cannot be used without the proper permits. I kept him updated on step by step detail as to what was happening and why some was taking longer than others. The final approval permit from the city was received on March 22, 2010 but he doesn't know that. He is thinking that the license that I received in on January, 13, 2010 was it but it was not. I did'nt know that either until a few weeks ago. Which without that one I can not have operated as a terminal.The only thing I have done so far in the place was use it to collect earthquake relief supplies for Haiti which I had told him about and he said that it was okay. I have not started any business there yet. I was waiting to hear word about when Haiti would start to open up again becasue of so much damage. I then told him that I will pay now and start the lease.

To make a long story short he wants to date the lease

starting January 1 2010. We are now in March so he wants three months rent plus security deposit which will bring me to $50,000 without even starting yet.


The permit was designed only for me and my company he cannot nor any other use it to operate. He is telling me know since I have paied $15,000 my balance will now be $35,000 tomorow. I said to him that I was expecting only to pay the $15,000 remaining to start the lease.


He is not agreement with that . I told him that I would have to cancel the plan for the facility and he is going to have to start over with the next tenant and fall further behind because he would not get paid by this new person until they get their license too. I was very understanding until today so I don't know what happened.


P.s. I have kept every communication document. He even try to give me a 3 day notice a month ago but he decided to squash it once I told him that I had not started yet.


Expert:  Ray replied 5 years ago.
The terms of the lease control here as far as your rights and obligations.You would look to it to determine when lease starts here and what payments are due.If there are disputes then you need local lawyer here and it may end up in court to resolve.

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