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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I sub lease space inside a convience store where i sell steaks

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I sub lease space inside a convience store where i sell steaks and hoagie. My rent included everything for propane to electric and water in lease . The prime lease holder had rented to other half to a 3rd party about 2 years ago. The landlord who i have the lease with stopped providing propane and also allowed the other leasee to lock me out of walk in boxes. All which states in my lease i show have access to. To make up for propane payments i stopped paying rent . Now they say they can default me but i believe they are in default as well. When i orginially rent my space the other side was owned by corporate company,who was also the landlord, which has since vacanted and leased it to someone . Both myself and the other tenant lease from the landlord. I lose more business each day becasce the other tenant doesnt make it a trusting enviroment . Im lost in what to do i to my life saving into this .
You are correct in not paying your rent. But what you should you is to place the rent money each month into an escrow account. Put the money aside to show your good faith and willingness to pay the rent, but you should get a credit because they are not fulfilling their part of the deal by supplying you with propane, electric, water etc.

You will eventually get a credit back, and if you put the money into an escrow, or just make a special account of your own that contains nothing but that rent money, then they can't evict or default you because you have done your part of the deal.

Good luck to you. I wish you all the best.
Customer: replied 3 years ago.

this is not an answer. I stated i was paying for propane which offset the rent

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

Your landlord has breached the lease contract by failing to provide the facilities that you bargained for and are paying for under the lease terms (or were paying for).

To enforce your rights you will need to file a breach of contract action against the landlord. You can sue for damages against the landlord including lost profits and any other "reasonably foreseeable damages" arising from the landlord's breach of the contract.

Waiting for the landlord to file suit against you for unlawful detainer or agreeing to move out under the current lease terms will likely waive your rights to these damages and leave you with the losses that you have incurred to date.

If the total loss is low (less than $5,000) you can sue in small claims court, or less than $15,000 you can sue in limited civil court (http://www.judiciary.state.nj.us/civil/civ-02.htm), otherwise you will need to sue in general civil court and I would recommend retaining an attorney. Check the written terms of your lease as there may be an "attorney's fees clause" which will let you recover any lawyer's fees and costs that you pay in this matter if you win.

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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