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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18361
Experience:  B.A.; M.B.A.; J.D.
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Our lease on a commercial property in West Hollywood CA,

Customer Question

Our lease on a commercial property in West Hollywood CA, 90046 is up in February of 2017, we have been harassed by our management company for months over everything humanly possible. Actually the poor service began in February of 2015. We had purchased a business from a guy who was in debit with this company for 20k. I wrote a check for our first month's rent and equal security deposit,10k for last tenets debit and facilitated the remainder over the next 10 months. They threatened to close me down with a 3 day, for the prior tenet not paying a monthly bill toward his past due balance. Then we paid every bill till it was paid off.We have been compliant in every way possible. We've been good tenets. They treat us like we were there last tenet. I believe they think we saved the last tenet and that we are some how in secret business together. They have sent multiple emails addressing me with prior tents name. Until June 2016, everything was manageable. We then get a notice to clean up the back parking lot. We complied. First it came as a notice to all in the building. But they continued to harass us. We would leave our mop bucket out back during business hours so if there was a spill we could mop with out filling a new bucket everytime. They took our property. Which was a broom and dust pan, mop and bucket, squegie for windows and cigarette ash cans. Then returned after a threat of a police involvement. All the while the other tenets haven't touched a thing (the end unit had piles of wood which have been housing rats, tables and chairs etc..). Real petty at this point.. then tell there remodeling contractors to park in our parking space. After that, they tell us we don't really have a parking space to begin with, after we emailed them asking why they are telling there workers to park in our spot.
We have requested ledgers on all of our transaction for this space and a office space we were renting as well. They show that between the 2 spaces, payments we have paid and have record of are no where to be found. As if we didn't pay these certain bills, and we are in default.
Late July or early August we ask if we could sit down and negotiate our new lease terms for the upcoming February. We were told that they never negotiate more then 60 days before the end of current lease. Then about 2 weeks later we receive an email with the new terms and it was for more than a 25% increase in our rent and that we only had 2 weeks to sign or we would loose our spot, and they would market the property. On the 15th of this month we receive an email with a 24 hr notice of entry. We deny the request. Now we received another email about an hour ago stating that we are in breach of contract,and we have 3 day to comply or we have to surrender our property. They show that it's for a potential renter of our property to see the place. They did the same thing to us with the office space. Jacked the rent up more then 25% and we surrendered the space cause we couldn't afford the increase. I know they have a tenet that is interested in the space we still occupy, but they are trying to force us to pay what the new tenet is willing to pay or kick us out. The list goes on and on for the other harassments involving there incompetent behavior but this is question. Can they come into our space with a 24hr notice to show a potential renter this far ahead of the end of our lease before we have decided to resign, and can they charge us an increase in rent more then the standard yearly 3%. In our lease it states that the lease renewal can only increase within the terms of the current lease which is 3% a year. And can they extort us into signing a new lease in such a manner. My apologies for such a long winded email.
Hope your still awake lol
Thank you
Eric
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about your difficulties.

Whether or not the Landlord can show the premises to potential Tenants before you have decided whether to re-sign would depend on the terms of your current lease. So, you need to carefully review the lease terms.

Also, if your lease terms state that the new lease cannot be increased for more than 3%, then the Landlord is in violation of the lease terms. You can sue to force the Landlord to offer the lease at the terms specifically stated in your contract if you still want to lease from this Landlord. However, because of the treat that you have received, it may be better for you to start looking elsewhere. You deserve to be treated better that the Landlord is treating to you.

If the Landlord has damaged your items or restricted your access to spaces that you are paying for, you can sue the Landlord for damages and to recover the rent paid for the spaces that you are no longer allowed to use. Depending on the amount of your claim, you file this lawsuit in a Small Claims Session.

Goodluck with your case,

Customer: replied 5 months ago.
Ok, where would I find info on that. Is it possible to find a lawyer working on contingency, how do I do so. Based on contract I know there are at least a few major violations. We need to stay in this location business depends on it, staple in the community 12 years of consistency.
Expert:  Phillips Esq. replied 5 months ago.

I am sorry, what info are you referring to?

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