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I have a restaurant in a large retail development. I have

I have a restaurant in a large retail development. I have been in this development for 6 months. Today I received a bill for over $14000.00 for water and electricity. The lease says that we will be charged based on periodic usage checks and the local utility company rates. The LL is not willing to provide any numbers verifying the charges and keep referring to the true up costs that will be done on an annual basis. What can I do?JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: FloridaJA: Has anything been filed or reported?Customer: Filed or reported?JA: Anything else you want the lawyer to know before I connect you?Customer: no

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CalAttorney2

Attorney

Doctoral Degree

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Second opinion] - I want to know if the following rule would

Second opinion] - I want to know if the following rule would help my children get the SOUTH CAROLINA house my ex's mistress, whom ex married after divorce, got after ex died because he listed her on deed as a JTWRS.I included "SECTION 15‑3‑380. Effect of forty‑year lapse" in following letter I wrote to my kids: "As you know, our family's assets were used for the down-payment on this property, to pay its mortgage and interest, to repair it, maintain it, insure it, improve it, pay for gas & electric, water, etc., etc. This property morally, rightfully and justifiably belongs to the three of you, not to terry and ross and lynn and brian [her 3 kids as incidental beneficiaries].SECTION 15‑3‑380. Effect of forty‑year lapse.No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person [s: Bryan, Allison Brendan] claiming, his [their] ancestor or grantor [their father], was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.HISTORY: 1962 Code Section 10‑129; 1952 Code Section 10‑129; 1942 Code Section 385; 1932 Code Section 385; Civ. P. ‘22 Section 328; Civ. P. ‘12 Section 134; Civ. P. ‘02 Section 109; 1873 (15) 496.

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Lucy, Esq.

Juris Doctor

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I want to know if the following rule would help my children

I want to know if the following rule would help my children get the SOUTH CAROLINA house my ex's mistress, whom ex married after divorce, got after ex died because he listed her on deed as a JTWRS.I included "SECTION 15‑3‑380. Effect of forty‑year lapse" in following letter I wrote to my kids: "As you know, our family's assets were used for the down-payment on this property, to pay its mortgage and interest, to repair it, maintain it, insure it, improve it, pay for gas & electric, water, etc., etc. This property morally, rightfully and justifiably belongs to the three of you, not to terry and ross and lynn and brian [her 3 kids as incidental beneficiaries].SECTION 15‑3‑380. Effect of forty‑year lapse.No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person [s: Bryan, Allison Brendan] claiming, his [their] ancestor or grantor [their father], was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.HISTORY: 1962 Code Section 10‑129; 1952 Code Section 10‑129; 1942 Code Section 385; 1932 Code Section 385; Civ. P. ‘22 Section 328; Civ. P. ‘12 Section 134; Civ. P. ‘02 Section 109; 1873 (15) 496.

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CalAttorney2

Attorney

Doctoral Degree

20,220 satisfied customers
I am negotiating a real estate Lease on commercial property

I am negotiating a real estate Lease on commercial propertyplease can you break down in laymans terms what the following clauses mean & how can i negotaite them to be slightly more favorble for me ?----------------------------------------------------------------------ANTICIPATED DELIVERY DATE: On or before October 30, 2016RENT COMMENCEMENT: The earlier of i) One Hundred Twenty (120) days following the Delivery Date, or ii) Tenant's opening for business.FIXED MINIMUM RENT: Annual Base Rent shall be paid on a monthly basis in accordance with the following schedule: $32.00 psf NNN with 3% annual base rent escalations throughout the primary term and option period(s), if exercised by Tenant.ADDITIONAL RENT: Additional rent shall include those charges hereinafter designated as such in this Proposal and shall be estimated by Landlord for the first Lease Year or partial Lease Year that precedes the first Lease Year and provided to Tenant on or before the date Additional Rent begins. Such amounts shall thereafter be adjusted at the end of each Lease Year or partial Least Year per the terms of the Lease Agreement. Tenant shall pay its pro rata share of Additional Rent items including, but not limited to, Common Area Maintenance, Real Estate Taxes and Insurance. The estimated amounts to be paid by Tenant for the first year of the Term are $5.50/sf.*this amount does not include water, sewer, trash or electricity of which Tenant shall pay its proportionate share based on usage.PERCENTAGE RENT: Percentage Rent shall be an amount equal to five percent (5%) of Annual gross receipts in excess of the natural breakpoint. GROSS SALES On or before the tenth (10th) day of each calendar month during the REPORTING: term of this lease Tenant shall prepare and deliver to Landlord a statement of Gross Sales made during the preceding calendar month, certified by Tenant to be accurate.LANDLORD'S WORK: The Landlord will deliver the Premises in ‘raw shell' condition. Uponthe Delivery of Possession, Tenant will, at its sole cost and expense, proceed to upfit the space in accordance with the plans and specifications submitted to and approved by the Landlord.

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Loren

Juris Doctor

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I am currently negotiating a lease with landlord for a new

I am currently negotiating a lease with landlord for a new start up businessThere are some clauses in the LOI that give me pauseand would love some advice on theseFirst lease term ... For a startup whose business case is notLEASE TERM:​Five (5) years primary term with one (1) five (5) year option to renew. The option notification date shall occur two hundred seventy (270) days prior to the expiration of the primary term.--------------------------------------------------------The following statements about rent and percentage of sales give me pauseHow am I supposed to anticipate the monthly cost of rent when there are so many moving parts to it------------------------------------------------------------FIXED MINIMUM RENT:​Annual Base Rent shall be paid on a monthly basis in accordance with the following schedule:$32.00 psf NNN with 3% annual base rent escalations throughout the primary term and option period(s), if exercised by Tenant.ADDITIONAL RENT:​​Additional rent shall include those charges hereinafter designated as such in this Proposal and shall be estimated by Landlord for the first Lease Year or partial Lease Year that precedes the first Lease Year and provided to Tenant on or before the date Additional Rent begins. Such amounts shall thereafter be adjusted at the end of each Lease Year or partial Least Year per the terms of the Lease Agreement. Tenant shall pay its pro rata share of Additional Rent items including, but not limited to, Common Area Maintenance, Real Estate Taxes and Insurance. The estimated amounts to be paid by Tenant for the first year of the Term are $5.50/sf.*this amount does not include water, sewer, trash or electricity of which Tenant shall pay its proportionate share based on usage.PERCENTAGE RENT: Percentage Rent shall be an amount equal to five percent (5%) of​Annual gross receipts in excess of the natural breakpoint.GROSS SALES ​On or before the tenth (10th) day of each calendar month during theREPORTING:​term of this lease Tenant shall prepare and deliver to Landlord a statement of Gross Sales made during the preceding calendar month, certified by Tenant to be accurate.-------------------------------------------------*Is it standard practice for a landlord to require the tenant to pay percentage rent on top of rent and shouldn't extra fees be capped somehow ?Please advise on if these clauses seem pretty standard and if not how can I counter this LOI to suggest changes to the agreement that will also protect me and my business*Finally we are being asked to fill out a personal financial statement and that both myself and my husband should guarantee the lease. Is this mandatory and is it something you're would advise in this situation?

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Asad Rahman

Attorney

J.D.

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We have an electrical pole (Coop states they own) in our

We have an electrical pole (Coop states they own) in our driveway that feeds 3 other neighbors. There is no easement and nothing filed with the county. We live in Birney, Montana very rural. What can we do? We have owned since 2002.

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Roger

Litigation Attorney

Doctoral Degree

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I have a contract to purchase 41 acres in morrow co ohio. I

I have a contract to purchase 41 acres in morrow co ohio. I was approved for the loan, the closing date was set for 9-24-16. I was working out of state at the time so all of the paperwork was mailed to me, I had everything notarized and sent back with my down payment check on 9-23-16. I was informed that there were multiple owners on the property, there is a divorce in the picture and the wife is refusing to sign the papers. My down payment was sent back to me, and I signed an amendment to the contract extending the terms until 10-7-16. I have been told multiple times that she intends to sign but she has not done so as of today. If I were to sew for breach of contract what would that actually do? Would it be a dollar amount that I could see for or if the lawsuit pressed her into signing the papers then what would happen ? By signing the addendum and giving an extension would I have to wait until it expires or can I do it now?

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Richard

Owner

Doctoral Degree

47,072 satisfied customers
Mohamed I have problem with my landlord i been the apartment

Hi mohamedI have problem with my landlord i been the apartment for 9 years watch is under my best friend name he was there for about 25years or more so he been back and fourth to yemen. i have the power of attorney to tracker of his apartment, rent, bills, and all his stuff.i been playing with my checks every month for the last 8 or 9years without any problems with landlord. Electric and gas are under my name. Every years i receive the lease if he is here he sign it and send it if he is not here i send it to him to sign it and send back. So this year I didn't received the lease. But I thought because their is no increase this year they are not going send one. So i send the check for the rent in the 2nd day of the September. The rent didn't come out of my until the 14th of the month. So I called the mangment office and they said I didn't sign the less and you should be receiving the curt paper. my check will be back to me watch came back the next day. I told them no I didn't receive no lease can you send me one and we will sign it and give it back.the manger said i will say what i can do. Then he said We are starting a holdover to recover the apt.so i need your help please what I have to do.

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Damien Bosco

Attorney

Doctoral Degree

3,096 satisfied customers
Yeah I moved into an apartment on August 12th of this year.

Yeah I moved into an apartment on August 12th of this year. Less than 30 days after moving in we had a termite infestation in our bedroom, which they came in and vacuumed them and told us not to open the windows. This left our house extrmeley hot and stuffy, but if we opened the windows termites were pouring in. So fast forward to this Sunday, they infested the apartment again and even more this time. The maintenance vacuumed them and then AGAIN yesterday they came back, and we found them in our clothes, shoe boxes, even eating into our brand new furtnireJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CAJA: Has any paperwork been filed?Customer: No.....we asked them very specifically if they have any issue with pests and they said no and did not include any type of disclosureJA: Anything else you want the lawyer to know before I connect you?Customer: No not at this point

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legalgems

Juris Doctorate

13,838 satisfied customers
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