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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99956
Experience:  Lawyer
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If I lease a restaurant pub bar and the kitchen and living

Customer Question

if I lease a restaurant pub bar and the kitchen and living quarters are discusting. and I have fixed a lot of things out of my own pocket and as well the lease says I was not to fix anything without written permission but I didn't get my lease for almost 2 months and then we back dated it does that mean the lease is void and am I entitled to anything for having to fix and clean a mess that was supposed to be done
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Is the landlord saying you've breached the lease?
Customer: replied 2 years ago.
well no I owe her for Stockstill and I spent 30 thousand dollars of my money when I first went there and had to fix the kitchen and living quarters, we leased it to run it but the kitchen was so disgusting that you couldn't even possibly cook food in there and the lease was not receive for 2 months and then she backdated it even though I was supposed to get written permission to fix anything she did not have the lease in place
Expert:  Debra replied 2 years ago.
So you are saying that you did all this work because it was needed and it wasn't done and the restaurant could not be operated. But she is now saying she doesn't have to pay you back as you didn't get permission first? Is that it?And did you ask verbally for permission?Did you ask her to do the work?
Customer: replied 2 years ago.
I'm not asking her to reimburse me anything I'm trying to ask her to put the stock that I owe her against what I fixed in her building which she is now sold because it was in decent condition to sell because of work completed
Expert:  Debra replied 2 years ago.
But did you ask her to do the work or did you just decide to do it on your own?
Customer: replied 2 years ago.
everything that I did as far as work on the building was passed by her then she put the lease together two months later finally backdated it and said that I had to have written permission when it was already verbal permission and there was no lease in place otherwise until after and then she backed out of the lease two months does that make the lease void in itself
Expert:  Debra replied 2 years ago.
The lease is not void.
But she agreed you can do the work and so she cannot say that a backdated lease takes the consent away.
If it was agreed that she would compensate you for this work then she must.
But if there was no such agreement it may be harder to win in court. You could win still by showing it was agreed or else implied that you would get compensation as otherwise she would be unjustly enriched to your detriment which is simply not fair.
So you can tell her you will commence a lawsuit and file a certificate of pending litigation on title that will stop the sale essentially.
Or, better still, you should have a lawyer send her a letter to that effect.
Customer: replied 2 years ago.
ok and as far as standards for a commercial kitchen being leased out am I entitled to anything because of the fixing that I had to do just to operate
again these repairs were necessary in order to run the business and I owe her for her stock that she left in the building should I start paying her or should I pursue a lawsuit against her for what I had to fix and clean mold, rot, and mouse nests and a place that was not cleaned at all and she did agree to the repairs
Expert:  Debra replied 2 years ago.
You should not pay her if she owes you money. And if it was her responsibility to give you this place in a state of good repair she did not. If she had said it was your responsibility to fix things up then that is a different matter.
Customer: replied 2 years ago.
well that's kind of what I'm wondering is she responsible to give it to me in a certain state with a commercial kitchen and everything is there any type of rules for commercial kitchens saying that they have to be clean and not beyond disrepair it was supposed to be in an operational state when I took it over so do I have any rights as the lessee
Expert:  Debra replied 2 years ago.
If it was supposed to be in an operational state it was not so she is responsible for the costs you incurred to put it in the state it should have been in.

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